The URL can be used to link to this page

Home My Public Portal Aboutordinance 04:26 No. 04-26 <IDràinant~ of tq~ lßornugq nf QIart~rd, ~. JJ. AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 160, ENTITLED LAND DEVELOPMENT OF THE CODE OF THE BOROUGH OF CARTERET BE IT ORDAINED by the Mayor and Council of the Borough of Carteret, County of Middlesex and the State of New Jersey that Chapter 160 of the Carteret Code is hereby amended and supplemented as follows in accordance with the recommendation of the Carteret Planning Board. Section 1. Chapter 160, entitled Land Development, is hereby amended and supplemented to add "Boarding Houses and Rooming Houses" as prohibited uses in the R-25, R-M, Neighborhood Commercial, Highway Commercial, Light Industrial, HI-B Heavy Industrial, and HI-A Heavy Industrial Zones and so designating the same as prohibited uses in the following new subsections: 160-129(g)(3); 160-130(g)(5); 160-133(g)(l); 160-135(g)(l3); 160-137(g)(8); and 160-138(t)(9), respectfully. Section 2. All ordinances or parts thereof inconsistent with the provision of this Ordinance are hereby repealed limited to the extent of any inconsistency. Section 3. If any section, paragraph, subdivision, clause or provision of this Ordinance is adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged and the remainder of this Ordinance shall be deemed valid and effective. Section 4. This Ordinance shall take effect upon passage and publication according to applicable law. " DO NOT USE SPACE BELOW THIS UNE RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. KRUM X RIOS NAPLES X SITARZ X PARISI X SOSNOWSKI X X· Indicate Vote AB - Absent NY - Not Voting XOR - Indicates Vote to Overrule Veto Adopted on first reading of the Council of the Borough of Carteret, N.J., on Au¡:us t 26. 2004 Adopted on second reading after hearing on S mber 9 2004 ON \ l~~ 0. ~/~ (J.,Qg(.. . BOROUGH CLERK ~ß J3 -- ð?»/J~ / - PROPOSED RESOLUTION AMENDING // .7);r "DEVELOPMENT ORDINANCE OF THE BOROUGH OF CARTÊRE"r:~' . JUL 29 , WHEREAS, the Planning Board ofthe Borough of Carteret has receiyed recommendations from the Code Enforcement Officer, Anthony Neibert, regarding certain proposed zoning changes; and WHEREAS, the Planning Board of the Borough of Carteret has discussed Mr. Neibert's recommendations, at its regular Planning Board meeting held on June 23, 2004_; and WHEREAS, the Planning Board has determined that it is in the best interest of the Borough of Carteret to adopt certain changes to the Borough of Carteret Land Development Ordinance, Chapter 160, in accordance with the recommendations made by Mr. Neibert; and WHEREAS, the Planning Board, upon reviewing the proposed changes and adopting same by Resolution, proposes to send these changes to the governing body of the Borough of Carteret for its review and adoption; NOW, THEREFORE, BE IT RESOLVED on this 23rd day of June, 2004, at its regular meeting of the Planning Board of the Borough of Carteret, that the following proposed amendments to Chapter 160 of the Borough of Carteret Land Development Ordinance be made and forwarded to the governing body of the Borough of Carteret: 1. "Boarding Houses and Rooming Houses" shall be added to the list of prohibited uses in the R-25, R-M, Neighborhood Commercial Zone, Highway Commercial c¡~tf 1/; ~. -1-) ~... ~(#. ~ ,." rdI. è. ~V~ cjr/ . ~ Zone, Light Industrial Zone, HI-B Heavy Industrial Zone, and HI-A Heavy Industrial Zone, by adding the following subsections: 160-129(g)(3); 160-130(g)(5); 160- 132(g)(5); 160-133(g)(1); 160-135(g)(13); 160-137(g)(8); and 160-138(f)(9). '--1- '2 Cì -0---1 ~G The above is a memorialization of a motion duly made and seconded on June 23, 2004, on the following vote: ROLL CALL VOTE Those in Favor: Singh, Vesey, Black, Bohanek, Neibert, Panzarella, Torres, Mantovani, Diaz Opposed: None Abstained: None / HARDA AL SINGH , Chairman é\; ,i >Pl/'^-'V L-;<L.-u.-'L,.; () /'1 , Secretary Dated: 7 -74- ¿?Lj , C:\MyFiles\JFC\CaTterel\PlANNING"Amend Dev O.{j-Jun2004 PROPOSED RESOLUTION AMENDING "DEVELOPMENT ORDINANCE OF THE BOROUGH OF CARTERET" . JUL 29 WHEREAS, the Planning Board of the Borough of Carteret has received recommendations from the Code Enforcement Officer, Anthony Neibert, regarding certain proposed zoning changes; and WHEREAS, the Planning Board of the Borough of Carteret has discussed Mr. Neibert's recommendations, at its regular Planning Board meeting held on June 23, 2004; and WHEREAS. the Planning Board has determined that it is in the best interest of the Borough of Carteret to adopt certain changes to the Borough of Carteret Land Development Ordinance, Chapter 160, in accordance with the recommendations made by Mr. Neibert; and WHEREAS, the Planning Board, upon reviewing the proposed changes and adopting same by Resolution, proposes to send these changes to the governing body of the Borough of Carteret for its review and adoption; NOW, THEREFORE, BE IT RESOLVED on this 23rd day of June, 2004, at its regular meeting of the Planning Board of the Borough of Carteret, that the following proposed amendments to Chapter 160 of the Borough of Carteret Land Development Ordinance be made and forwarded to the governing body of the Borough of Carteret: 1. "Boarding Houses and Rooming Houses" shall be added to the list of prohibited uses in the R-25, R-M, Neighborhood Commercial Zone, Highway Commercial (J//( tl 1/; .- -i t r¡r-;ftJ37::- C? 7111 '-<-"\' cy ._~ ~ Zone, Light Industrial Zone, HI-B Heavy Industrial Zone, and HI-A Heavy Industrial Zone, by adding the following subsections: 160-129(g)(3); 160-130(g)(5); 160- 132(g)(5); 160-133(g)(1); 160-135(g)(13); 160-137(g)(8); and 160-138(f)(9). '--1- '2 Cì -0---1 ~G The above is a memorialization of a motion duly made and seconded on June 23, 2004, on the following vote: ROLL CALL VOTE Those in Favor: Singh, Vesey, Black, Bohanek, Neibert, Panzarella, Torres, Mantovani, Diaz Opposed: None Abstained: None / HARDA AL SINGH , Chairman (~<~"'--L· !.~..~ j ./1 , Secretary . Dated: 7 -u- P'I . C:\MyFill!~\JFC\Carieret\PLANNING\Amend Dev Ord·Jun2004 Affidavit of Publication Publisher's Fee $13.64 State of New Jersey} 55. MIDDLESEX COUNTY Affidavit Charge $20.00 Personally appeared LINDA DIAZ of the Home News Tribune, a newspaper printed In Freehold, NJ and published 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 gn61O_. PATRICIA W. IUWN~tl~U NOTARY P OF NEW JERSEY MY CmAMI ION PIRES OCT. 2, 2065 A.D., 200_ Ä~~ Sworn and subscribed . fore me this 16th day of September, A.D., 2004 Notary Public of New Jersey BOROUGH OF CARTERET ORDINANCE #04-26 AN ORDINANCE AMENDING AND SUP· PLEMENTING CHAP- U~D 18gVE~~P.1~~~ OF THE CODE OF THE BOROUGH OF CAR- TERET Approved and Adopted: September 9, 2004 Introduced: August 26, 2004 Advertised as adopted f¡~e fi~~t puebì~dn~ e'Z:f~g~O- August 31, 2004 Hearing Held: September 9. 2004 Approved By: Mayor Daniel J. Reim<m Advertised as finally adopted: September 16, 2004 Kathleen M. Barney, MuniCiral Clerk ($13.64_ 5328 Affidavit of Publication Publisher's Fee $42.24 Affidavit Charge $20.00 State of New Jersey} 55. MIDDLESEX COUNTY personally appeared of the Home News Tribune, a newspaper printed In Freehold, NJ and published 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 IONEI times, once In each Issue, as follows 8131104. LINDA DIAZ A.D., 2084 ~ Sworn and sUbscrlbed~re me this 31st day of August, A.D., 2004 PATRICIA W. TOWNSEND NOTARY P EW JERSEY Y OM~ EXPI ES OCT. 2, 2005 tu)....) . Notary Public 01 New Jersey BOROUGH OF CARTERET ORDINANCE #04-28 AN ORDINANCE AMENDING AND sup- PLEMENTING CHAPTER Ò~EL1rpT~1't.1-D o~J.~ CODE OF THE BOR- OUGH OF CARTERET BE IT ORDAINED by the Mayor ",nd Council of the Borough of Carteret, County of Middlesex and the State of New Jersey that Chapter 160 of the Carteret Code is hereby amended and supple- mented as follows in ac- cordance with the rec- ommendation of the Carteret Planning Board. Section 1. Chapter 160, entitled land Develop- ment, is hereby amend- ed and supplemented to add "Boarding Houses and Rooming Houses" R~f5~hW~~~ UJ:fg~b~r: hood Commercial. High- ì;;di.s~r?a'r~~Bc~~a;~~~~ dustrial, and HI-A Heavy Industrial Zones and so g~~~rbj~~nJ ~~:Ssai~et{:: followin,\ new subsec- tions; 60-129(g)\3); 160-130(g)(5); 160- 33 (g)(I); 16Ö-135(g)(13): 160-137(g)(8); and 16Ó- 138(f)(9), respectfully. Section 2. All ordinances or parts thereof incon- sistent with the provision of this Ordinance are hereby repealed limited to the extent of any in- consistency. ~:~~gh~f :~6d~~f:ii~~: cfause or provision of this Ordinance is ad- judged invalid, such adju- dication shall apply only to the section, para- graph, subdivision, cfause or provision so ~d~rndJeerd 0~n1hi;heO/d~~ nance shall be deemed valid and effective. Section 4. This Ordi- nance shall take efJect upon passage and publi- cation according to ap- plicable law. The foregoing ordinance was introduced at a meeting of the Council of the Borough of Car- teret held August 26, 2004 when it was adopt- ed on First ReadinÇ: The said ordinance will be further considered on Second Reading for final ~~(~rg~~"a¿ila Of~h~n~O~~ ough of Carteret on Sep- t~~~~aiely2~ÒO atp.~~ ~uniciPal Court/Police Facility, 230 Roosevelt Avenue, Carteret, New Jersey at which time and place 2111 persons inter- ~~~~~nÌti~ ~~ ~~~ne:~d~P- Kathleen M. Barner C~;:~ed Munk:ipa ($42.24) 18141 ~\.\( " BOARD OF CHOSEN FREEHOLDERS David B. Crabi£!. Freeholder Director Stephen J. "Pete" Dalina. Deputy Director PLANNING BOARD Jane Z. Brady Camille Fernicola H. James Palos John A Pulomena hristopher D. Rafano Freeholders 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 Engineering & Planning COUNTY OF MIDDLESEX DEPARTMENT OF PLANNING Environmental, Parks and Comprehensive Planning Division 40 Livingston Avenue New Brunswick, New Jersey 08901 732-745-3016 Fax 732-s~nf~Æ.tar 23, 2004 \.~.. George M. Ververides. PP. AICP Director of County Planning 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 development regulation or master plan or revision or amendment of either: Ordinance DescriDtion 1. 04-26 Adds rooming houses as a prohibited use in various non-residential zones This document, if a development regulation or amendment thereto, 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, which reads in part: Development regulations, except for the official map, shall not take effect until a copy thereof shall be filed with the county planning board. A zoning ordinance or amendment or revision thereto which in whole or in part is inconsistent with or not designed to effectuate the land use plan element of the master plan shall not take effect until a copy of the resolution required by subsection 49 of the act (C.40:55D-62) shall be filed with the county planning board. f-,;2, '7--Cý'- (!~:h _) ~~ '~~40 ~:~'\ * Md. Kathleen Barney September 23, 2004 Page 2 This document, if a master plan, master plan element, or revision thereto, 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, which reads in part: (3) Notice by personal service or certified mail to the county planning board of (a) all hearings on the adoption, revision or amendment of the municipal master plan at least 10 days prior to the date of the hearing; such notice shall include a copy of any such proposed master plan, or any revision or amendment thereto; and (b) the adoption, revision or amendment of the master plan not more than 30 days after the date of such adoption, revision or amendment; such notice shall include a copy of the master plan or revision or amendment thereto. We understand these regulations to mean that, unless zoning ordinances and master plans as amended are filed with the county, they do not have legal effect. Thank you for submitting this document. Sincerely, mc~ 'J1Á;;;JIk- Matthew Flannery Supervising Planner MF:lak c: George M. Ververides, Director of County Planning No. 04-27 i OOrÒtuanc£ ú£ ±q£ ~{lrnu£q of Olart£rd, ~. W. AN ORDINANCE TO AMEND ORDINANCE #71-9 ESTABLISHING SALARY SCHEDULES AND FIXING THE MANNER OF PAYMENTS OF SALARIES FOR VARIOUS OFFICIALS AND EMPLOYEES OF THE BOROUGH OF CARTERET fE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF CARTERET IN HE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY, AS FOLLOWS: . I I ¡SECTION 1. That the following Amendment of the above entitled Ordinance be made in Section :1 : Effective Date fMT , First Year Second Year Third Year Fourth Year Fifth Year I Sixth Year Seventh Year ¡Eight Year 1/1/04 $22,464 25,272 26,030 26,811 27,615 28,444 29,582 30,765 SECTION 2. That the Schedule of Compensation of this Ordinance shall take effect upon assage and publication as provided by Law. I L_~___ COLl\CIL:\IA'i ,--- KRUM - ~;~: DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE YES SO NV I A.B. I COU'iCILMAN YES NO 'iV A.B. npi= RIDS SITARZ SDSrU/SKI x - Indicate Vote AB - Absent NY - Not VtJting XOR - Indicates Vote to Overrule Veto Adopted on first reading of the Council of the Borough of Cart ere!. N.J.. on September 9. 2004 I AdopteJ on sccond reading after hearing on Oc.tnhPr 7] 7.fX)4 ^,~"'V>D~~£ f~ 0"-: _ )<¿# ----n;. D ;..0/ û ( Affidavit of Publication Publisher's Fee $14.96 Affidavit Charge $20.00 State of New Jersey} 55. MIDDLESEX COUNTY Personally appeared MARIAN BUTLER of the HOlDe News Tribune, a newspaper printed In Freehold, NJ and published 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 ]M2/0l P;ll;'f~lc;IA ·vv. T(jWN5~N" NOTARY PU F NEW JERSEY MY COMMI ON EX IRES OCT. 2, 2005 AD,2004 \'J\?-~~~'Ä~>-- sworn and subscribed before me this 12th day of October, A.D., 2004 BOROUGH OF CARTERET ORDINANCE # 04·27 AN ORDINANCE TO AMEND ORDINANCE #71-9 ESTABLISHING SALARY SCHEDULES AND FIXING THE MAN- NER OF PAYMENTS OF SALARIES FOR VARI- ous OFFICIALS AND EMPLOYEES OF THE BOROUGH OF CAR· TERET Approved and Adopted: October 7, 2004 Introduced: September 9, 2004 Advertised as adopted f¡~e fi~~t p'"ue~?~ n~ e~~1~g~O- September 13, 2004 Hearing Held: October 7. 2004 Approved By: Mayor Daniel J_ Reiman Advertised as finally adopted. October 12, 2004 Kathleen M_ Barney, Municipal Clerk ($14.96) 14376 \ F " " " ..l'¡ '-r-w Affidavit of Publication Publisher's Fee $36.08 Affidavit Charge $20.00 State of New Jersey} 55. MIDDLESEX COUNTY Personally appeared of the HOlDe News Tribune, a newspaper printed In Freehold, NJ and published 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 9/14/04. LINDA DIAZ A.D., 2004 dM'J~ 1M. Sworn and subscribed b~ore me this 14th day of september, A.D., 2004 Notary Public of New Jersey BOROUGH OF CARTERET ORDINANCE #04-27 AN ORDINANCE TO AMEND ORDINANCE #71-9 ESTABLISHING SALARY SCHEDULES AND FIXING THE MANNER OF PAYMENTS OF SALARIES FOR VARIOUS OFFICIALS AND EMPLOYEES OF THE BOROUGH OF CARTERET BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF CARTERET TN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY, AS FOLLOWS. SECTION 1. That the following Amendment of the above entitled Ordinance be made in Section 1: Effective Date 1/1/04 EMT First Year $22,464 Second Year 25,272 Third Year 26,030 Fourth Year 26,811 Fifth Year 27,615 Sixth Year 28,444 Seventh Year 29,582 Eighth Year 30,765 SECTION 2. That the Schedule of Compensation of this Ordinance shall take effect upon passage and ~~~lif~~~~gi~: g;di~i~f;~e b,z(;ai~troduced at a meet- ing of the Council of the Borough of Carteret held September 9, 2004 when it was adopted on First 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 on October 7. 2004 at approximately 7:00 P.M., Municipal Court/Police Facility, 230 Roosevelt AVe- nue. Carteret. New Jersey at which time and place all persons interested will be given an opportunity to be heard. KATHLEEN M. BARNEY, Certified Municipal Clerk ($36.08) 16860 "0. 04-28 ¡~ - -~ (1Ðrûirmu(e úf ±4e ~oroug4 of QIaderet, ~. JJ. I II II I AN ORDINANCE TO ADOPT A REDEVELOPMENT PLAN FOR THE LANDFILL RECLAMATION IMPROVEMENT DISTRICT IN THE BOROUGH OFCARTERET BE IT ORDAINED, by the Mayor and Council of the Borough ofCarteret, as follows: SECTION 1. a) The Borough of Carteret Planning Board, after due consideration and in conformance with the Local Redevelopment and Housing Law, has recommended the adoption of the Redevelopment Plan ("Redevelopment Plan") for the Carteret Landfill Reclamation Improvement District established by Ordinance 95-40, as amended by Ordinance 96-14 ("District"), with the area of the District shown on Figure I of the Redevelopment Plan; and b) The Redevelopment Plan proposes development guidelines for the development of commercial uses as set forth Section 5 of the Redevelopment Plan; and c) The Redevelopment Plan is in furtherance of the goals and objectives of the Borough with respect to the District and of the Large Site Landfill Reclamation and Improvement Law and Local Redevelopment and Housing 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 e) The Redevelopment Plan is attached hereto as Exhibit A. SECTION 2. The Redevelopment Plan is adopted as the official redevelopment plan for the District, in accordance with the Local Redevelopment and Housing Law and the Large Site Landfill Reclamation and Improvement Law. The Redevelopment Plan supersedes the redevelopment plan referred to in Resolution 95-346, adopted by the Borough Council on November 2, 1995, and the Amended and Restated Redevelopment Plan adopted by the Borough Council pursuant to Ordinance No. 02-05. 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 District and the Borough's Land Development Ordinance as it affects the District is hereby superseded by the Redevelopment Plan to the extent set forth therein. SECTION 4. All Ordinances or parts of Ordinances inconsistent herewith are hereby repealed. SECTION 5. This Ordinance shall take effect twenty (20) days following final passage and shall be published as required by law. DO NOT USE SPACE RELOW THIS LINE RECORD OF COUNCIL VOTE rf==- COU'\'CILMAN f:::: IC_ i Adopted on first reading of the Council of the Borough of Carteret, NJ., on YES :\"0 NV A.B. COUNCILMAN YES NO NV A.B. X RIDS X STTARL- x - Indicate Vote AB - Absent NY - Not Voting XOR - Indicates Vote to Overrule Veto SpptPmhPr 7,7004 Adopted on second reading after hearing on ~tnhPrl, ?()(')l¡. ;PPROVED B--:;-~"-&-~'/~' .. -~ . ~ 'tAY -.>?,LJð /' , ON ~ ~~~. / /0 ~O"-ó'l - BOROUGH CLERK Affidavit of Publication Publisher's Fee $63.36 State of New Jersey} 55. MIDDLESEX COUNTY Personally appeared LINDA DIAZ 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 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 IONEI times, once In each Issue, as follows 9/16104. BOROUGH OF CARTERET ORDINANCE #04-28 AN ORDINANCE TO ADOPT A REDEVELOPMENT PLAN FOR THE LANDFILL RECLAMATION IMPROVEMENT DISTRICT IN THE BOROUGH OF CARTERET BE IT ORDAINED, by the Mayor and Council of èhËC~fó~U~~ of Carteret, as follows: a) The Borough of Carteret PlannÎng Board, after due consideration and in conformance with the Local Redevelopment and Housing Law. has recommended the adoption of the Redevelop- ment Plan ("Redevelopment Plan") for the Car- leret Landfill Reclamation Improvement District ö~~~~~~~d 9blP¡d/~grS~~i¿t~,-);O~i~~ ~~:nadr~~ b¿; the District shown on Figure 1 of the Redevelop- ment Plan: and b) The Redevelopment Plan proposes development guidelines for the development of commercial uses as set forth Section 5 of the Redevelop- ment Plan: and c) The Redevelopment Plan is in furtherance of the goals and objectives of the Borough with re- spect to the District and of the large Site landfiH Reclamation and Improvement Law and local Redevelopment and Housing law: and d) ~~: ~e~í~~~~ ih~'Rc~~~~~roep~o:~tU~ragf a~~t;~~t a public hearing about the Redevelopment Plan to receive the comments of the public: 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 District, in accordance with the Local Redevelopment and Housing Law and the Large Site landfIll Reclama- tion and Improvement Law. The Redevelopment Plan supersedes the redevelopment plan referred to in Resolution 95-346, adopted by the Borough Council on November 2, 1995, and the Amended and Restated Redevelopment Plan adopted by the Borough Councit pursuant to Ordinance No. 02-05. SECTION 3. The zoning district map of the Bor- ough's land Development Ordinance is hereby amended to reflect the applicability of the Redevel- g~~er~~~~::t tg/~~ar:;~~i~; itn~f}~~t~~h~u~r~fri~~~~ hereby superseded by the Redevelopment Plan to the extent set forth therein. SECTION 4. AU Ordinances or parts of Ordinances ~Effii~~~~ ~~iseð~t~ina;~c~e;h~ir ¿1fee:~f:~t twenty fi~g~dd~~sr~~~~~i~\~7=~:assage and shaH be pub- The foregoing ordinance was introduced at a meet- ing of the Council of the Borough of Carteret held September 2, 2004 when it was adopted on First 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 on October 7, 2004 at approximately 7:00 P.M., Municipal Court/Police Facility, 220 Roosevelt Ave- ~Nepe<;:~~e;1~'t~:~\;jr~1(¡ ~~ ~rJ;~ ~i~~:;o"r~~~~ to be heard A.D., 2004 /~na? ~ Sworn and subscribed be ore me this 16th day of September, A.D., 2004 KATHLEEN M. BARNEY, Certified Municipal Clerk ($63.36) 10218 ~U'U/'¿UU~ ~?;~~ ( .:ILQb.:a:>t:tt:t JAMt5 F a..ARI<IN PAGE 82 , JAMES R CLARION In, P.C. COlJNSEU.OR.~ AT LAW 1100~AVENUE SUITE 201 PISCATAWAY, NEw JERSEY 08Øs.. (732) 463.)900 ~ Jamos E Clarkin III Email, jclukin@aio>.nct Peter A. Vlgnuolo FACSIMJLE, (7JlI %3·1500 October 7, 2004 .{ '\ \:> C Honorable Daniel Reiman, Mayor Honorable Borough Council Borough of Carteret c/o Kathleen Barney, Municipal Clerk 61 Cook Avenue Carteret, NJ 07008 '")\'I' f· o Dear Mayor Reiman and Council Members: In response to a referral of the Redevelopment Plan for the Carteret Landfill Reclamation Improvement District by the Borough Council, pursuant to the Local Redevelopment and Housing Law, N.J. SA 4 o A: 12A-1, etsea., the Planning Board of the Borough ofCarteret held a meeting on September 29,2004, to review said plan. At that meeting, the proposed Redevelopment Plan for the Carteret Landfill Reclamation Improvement District was presented to the Planning Board P by Charles Liebling, Esq. and John Taikina of Schoor DePalma. After hearing, the presentation of the planner and special counsel for Redevelopment to the Borough, as well as the comments of the members of the audience, the Planning Board, by motion, recommended that the Borough Council adopt the Redevelopment Plan for the Carteret Landfill Reclamation Improvement District in accordance with the terms of the Local Redevelopment and Housing Law. The Planning Board also noted in its review of the proposed Redevelopment Plan that its contents were consistent with relevant provisions of the Borough's Y Master Plan. The. motion was unanimously adopted by the Board members present. The Planning Board's recommendation is respectfully submitted to the Borough of Carteret Municipal Council for action In accordance with the dictates of the Local Redevelopment and Housing Law. Please also note that a written resolution will be adopted by the Planning Board at its next meeting on October 27, 2004. Very truly yours, JAMES F. CLARKIN III JFC:dlt (::WyFlll\Dt,....~C~lItT2DOA-e1lml.1'IIII lßnrnuBlr nf OIarterd Zoning Board of Adjustment Planning Board 61 COOKE AVENUE CARTERET, NEW JERSEY 07008 Tel: 732-541-3936 Fax: 732-969-2429 Zoning Officer A NEIBERT . \ October 7,2004 To Whom it May Concern: Please be advised that the Carteret Planning Board, at the meeting on September 29,2004 unanimously approved the Redevelopment Plan for the Carteret Landtìll Reclamation Improvement District. The Board is scheduled to memorialized the resolution on October 27,2004 at it's next regularly scheduled meeting. 1h~j~.~~~ Mary Jane Keratt Clerk, Planning Board Affidavit of Publication Publisher's Fee $13.20 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 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 10/I21n Notary Public of New Jersey BOROUGH OF CARTERET ORDINANCE # 04-28 AN ORDINANCE TO ADOPT A REDEVELOP· MENT PLAN FOR THE LANDFILL RECLAMA- TION IMPROVEMENT DISTRICT IN THE BOR- OUGH OF CARTERET Approved and Adopted: October 7, 2004 Introduced. September 9, 2004 Advertised as adopted f¡~efi~ftpueb~n~e'Z~f~g~O- September 16, 2004 Hearing Held: October 7, 2004 ~.f;~/'b~n~~f: J. Reiman Advertised as finally adopted: October 12, 2004 Kathleen M. Barney, Municipal Clerk ($13.20) 14278 A.D., 2004 \ " \\: ~illöt:S-~<; \ ~ --...-- Sworn and subscribed before me this 12th day of October, A.D., 2004 J/ '<./ --, Affidavit of Publication Publisher's Fee $13.20 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 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 10/26104. ~ Notary Public of New Jersey BOROUGH OF CARTERET ~ANCE # 04-28 AN ORDINANCE TO ADOPT A REDEVELOP~ MENT PLAN FOR THE lANDFILL RECLAMA· TION IMPROVEMENT DISTRICT IN THE BOR- OUGH OF CARTERET Approved and Adopted: October 7, 2004 Introduced: September 2, 2004 Advertised as adopted on first reading with no- tice of Public Hearing: September 16, 2004 Hearing Held: October 7, 2004 ~f;~rvôda~~i J. Reiman Advertised as finally adopted: Or;tober 12. :;>004 Kathleen M. Barney, MuniCfal Clerk ($13.20 39726 \ AD ,2004 \\ G~;f),~,~'Z~ Sworn and subscribed before me this 26th day of October, A.D.. 2004 ßQJ:QUg.h~Qh'? altf!r:,e4~ :;'.i1'~';¡'c'~ ,...T:!í';".,,,,,,:."...~: ".' 't' ~1; "'.." t «i ," lVIiddlesex,Coullty,. . . N:~X:j¢J'¡¿Y; 7,·~.~. ~ Redevelopment Plan ,,<- /;~ / David G. Roberts, P.P., A.r.C.P., CLA (_ Professional Planner, N.J. License # 03081' I 1-- "-."\ 'Q'-~ ~ u\. ,,('{\\\ [)y' . - {9·9·04 REVIS I} BOROUGH OF CARTERET Hon. Daniel J. Reiman, Mayor Carteret Borough Council Ronald Rios, Council President Joseph Sitarz, Council Randy Krum, Council Susan Naples, Council Frank Parisi, Council Brian Sosnowski, Council Carteret Borough Planning Board Mayor Daniel J. Reiman, Class 1 Anthony Neibert, Class 2 Ronald Rios, Class 3 Hardayal Singh, Class 4, Donald Black, Class 4 John Vesey, Class 4 Martino Panzarella, Class 4 Chet Bohanek, Class 4 Pastor Carlos Torres, Class 4 Al Mantovani, Alternate #1 Jackie Vanacore, Alternate #2 Jorge Diaz, Mayor's Alternate {9-9-04 REVIS, I ) TABLE OF CONTENTS SECTION I-INTRODUCTION 1.1 Background............................. ...................................................................................J 1.2 Statutory Basis for the Redevelopment Plan.....................................................~ 1.3 Description of the Redevelopment Plan..............................................................~ 1.3.1 Site .......................................................................................................................~ 1.4 Substantive Basis for Incentive Provisions of the Plan...................................!? SECTION 2 - REDEVELOPMENT GOALS AND POLICIES......................................!' SECTION 3 - ACQUISITION AND RELOCATION......................................................!' 3.1 Properties to be Acquired........................................................................................!' 3.2 Re1ocation....................................................................................................................7. SECTION 4 - RELATIONSHIP TO OTHER PLANS .....................................................!? 4.1 Municipal Land Use and Zoning...........................................................................!? 4.2 Sewer and W ater........................................................................................................!? 4.3 Transportation and Public !?Transportation......................................................... 4.4 Relation to Master Plans of Adjacent Municipalities......................................!? 4.5 Relation to County Plan and State Development Plan....................................~ 4.5.1 The Strategic Plan for County's Urban Center........................................~ 4.5.2 The State Development and Redevelopment Plan.................................~ SECTION 5 - REDEVELOPMENT PLAN 10 ___________....._____................__.____________.h........._______ 5.1 Land U se Options....................................................................................................;1,;1, 5.2 Redevelopment Standards....................................................................................;1,;1, 5.2.1 Purpose ......................... ....................................................................................;1,;1, 5.2.2 Definitions.................... ....................................................................................JJ. 5.2.3 Other Standards... ........ ...................................................................................1'!.. 5.2.4 Bulk Standards - Phase I..............................................................................T? 5.2.5 Bulk Standards - Phase II and Southern Properties ................:............J:? 5.3 Additional Requirements ..................... ............ ......................... ............................;I,~ 5.3.1 Signs - Phase I................................................................................................;I,~ 5.3.2 Shared Parking............... ............... .....".Cc·.,..,..,...,;c....cc.................................. ...;I,~ {9·9·04 REVIS I) 5.3.3 Non Applicable Sectionsm__.m______m__m__.__m__.____....__..____...m.________m____.......1.~. 5.3.4 Amended Sections......................................__ ........__...................__....................1.1? 5.4.5 Amendment to Zoning Map m____.m____.m..m____..__...__mm.m....____mm____.__....I~. 5.3.6 Stormwater Management .............__.........__..__..........m.........mm.......m.m..__Jþ 5.3.7 Street, Curbs and Sidewalks__...__.__.........m______.m__m.m.m____.mm__m..________..1.1? 5.3.8 Landscaping, Pedestrian Circulation and Amenitiesm.mmm____________...1.~. SECTION 6 -APPROVALS/INFRASTRUCTURE IMPROVEMENTS____m______m__Jí' 6.1 Subdivision/Site Plan ..........mm...............................__ .....m.................__.......__m.....Ií' 6.2 Infrastructure Improvements__m.................__......................__..__.__.................__..mJí' 6.3 Revenue Allocation District ......__....__....m.......m...................................................Ií' SECTION 7 - MISCELLANEOUS..........__..........................__....................__.......__.....m__.mI~ 7.1 Certificates of Completion.........__...........m..........m..........................................__..I~ Iª!?J~$. Table No. Descrivtion Pa¥e 1 Permitted Uses based on current Zoning compared with Redevelopment Plan U ses................m..m....m......m____.__.......__............I'l 2 Phase I Properties..........................__.................__....m............__.......................__...2.º 3 Phase II Properties.__.....__..__.......m........m...__...__......__......m.......____....m..m.m.....:?I 4 Southern Property__............__...........................__...__...__.......m..........m....__mm....n LIST OF FIGURES Fi¥ure No. Descrivtion Pa:?e 1 Landfill District Redevelopment Area Map... ..................................5 {9-9·ü4 REVISl} SECTION 1 - INTRODUCTION 1.1 BACKGROUND - The Borough of Carteret, Middlesex County ("Carteret") consists of a mix of residential neighborhoods, commercial properties and significant industrial areas. Carteret has an industrial background in part due to its waterfront location on the Arthur Kill and the Rahway River. A significant portion of the land bounded by the Rahway River, the New Jersey Turnpike and Industrial Avenue was historically used as municipally and privately owned landfills. Today, this area consists of underutilized land that Carteret desires to redevelop. As such, on August 1, 1995, the Borough Council adopted Ordinance 95-40, which established the Landfill Reclamation Improvement District in accordance with the terms and conditions of P.L. 1995 c. 173; an act concerning landfill reclamation improvement districts, later entitled the "Large Site Landfill Reclamation and Improvement Law" and codified at N.J.s.A. 40A:12A-50 et seq. (the "Landfill Law").The following year, the Carteret Borough Council reexamined the Landfill Reclamation Improvement District and concluded that it would be in the best interest of the citizens of Carteret if the boundaries were revised to extend further within the area between the Rahway River and Industrial Road southeasterly to the area near the intersection of Industrial Road and Roosevelt Avenue. Accordingly, on June 6, 1996 and pursuant to section 3 of the Landfill Law, the Borough Council adopted Ordinance 96-14, which revised the Landfill Reclamation Improvement District ("District") to include additional properties. The District can be generally described as follows: · The District consists of the various tax lots in Blocks 9.03, 10, 11.01, 11.03, 11.04 and 113, is approximately 350 acres in size, and is located in the Heavy Industrial Zone (HI-A) and the Light Industry (Ll) Zone, as designated under the provisions of the current Zoning Ordinance and Zoning Map of Carteret. The site consists of industrial uses, wetlands and former landfills. The site has been vacant for more than ten (10) years. It has also been underutilized based on the site's history as a landfill with the underlying soil conditions associated with landfill site, as well as a lack of infrastructure and adequate access. · · Pursuant to section 6 of the Landfill Law, Carteret was deemed to have adopted a redevelopment plan at the time the District was established. On November 2, 1995, the Borough Council adopted Resolution 95-346 that memorialized a (9-9-04 REVIS: 1) Landfill Improvement District Redevelopment Plan 1 redevelopment plan for the District. Taking into account the changes in the Landfill Law, the existing zoning of the site and the desire to capitalize on the nearby transportation infrastructure, this redevelopment plan permits the development of an industrial park for light manufacturing, warehousing uses, and other uses in the District, which is comprised of the lots listed on Tables 2, 3 and 4 hereof, as well as Block 11.01, Lots 21, 48, 53 and 54 and which shall be known as the "Carteret Landfill Reclamation Improvement District Redevelopment Area" and referred to m this Redevelopment Plan as the "Landfill District Redevelopment Area". 1.2 ST A TUTORY BASIS FOR THE REDEVELOPMENT PLAN The New Jersey Legislature adopted N.J.5.A. 40A:12A-50 et seq., now known as the Large Site Landfill Reclamation and Improvement Law ("Landfill Law"). The purpose of the Landfill Law is to facilitate the redevelopment of large landfill sites within municipalities that are attempting to create economic growth and thereby to promote job creation and economic development. The Landfill Law became effective on July 6, 1995. The Landfill Law was modified the following year and these changes in the Landfill Law became effective on July 22, 1996. Under the original Landfill Law, a municipality located in a urban enterprise zone and with a population greater than 12,000 was empowered to adopt an ordinance creating a landfill reclamation improvement district whenever the municipality determines that the district will promote job creation and economic development. Carteret so acted on August 17, 1995 when the Borough Council passed Ordinance 95-40, which designated Block 11.01, 11.03, 11.04 and 113 as a Landfill Reclamation Improvement District. The original Landfill Law provided that municipalities that adopted landfill reclamation improvement districts were deemed to have adopted a redevelopment plan for such district for the purposes of section 7 of the Local Redevelopment and Housing Law codified at N.J.5.A. 40A:12A-1 et seq. (the "Redevelopment Law")l In addition, Carteret did, on November 2,1995, adopt a written redevelopment plan for the District, which was attached as an exhibit to a 1 The purpose of the Redevelopment Law is to promote the redevelopment of areas of the State to more productive uses. The Redevelopment Law sets forth the powers, duties and functions of those governing bodies involved in the process. Section 7 (N..5.A. 40A:12A-7) of the Redevelopment Law specifies that before a municipality can enter into a redevelopment agreement and undertake redevelopment projects, the municipality must have adopted a redevelopment plan. (9-9-04 REVIS'!) Landfill Improvement District Redevelopment Plan 2 redevelopment agreement approved by Resolution 95-346. The following spring Carteret reconsidered the boundaries of the Landfill Reclamation Improvement District. On May 16, 1996, the Borough Council adopted Ordinance 96-14 and concluded therein that it is in the best interests of the citizens of the Borough to reclaim underutilized land, promote economic growth and employment within the Borough and. . . to assure clarity and accurately respecting the description of the land designated for reclamation. The Landfill Reclamation Improvement District was revised to include all of the properties listed on Tables 2,3 and 4, as well as Block 11.01, Lots 21, 48, 53 and 54. Subsequent to Carteret's adoption of the redevelopment plan for the District in 1995 and the revision of the boundaries thereto, the Landfill Law was amended. The amendments, which took effect July 22, 1996, serve in part to relate the redevelopment provisions of the Landfill Law to the Redevelopment Law. Accordingly, in January of 2002, by Ordinance 02-05, the Borough adopted an Amended and Restated Redevelopment Plan for the Carteret Landfill Reclamation Improvement District ("Amended Redevelopment Plan") that was intended to meet the statutory requirements and provide a guideline for the redevelopment of the District in response to the findings of the Borough Council. Further proceeding in accordance with the 1996 statutory amendments, an investigation report was prepared for the part of the redevelopment area that is the subject of the first phase of the project. Its purpose was to confirm that the Phase 1 area, as shown on Table 2 and Figure #1 ("Phase 1"), meets the statutory criteria for designating an "Area In Need Of Redevelopment" pursuant to the Redevelopment Law, which is required to enable the Borough to fully utilize the provisions of the Redevelopment Area Bond Financing Law (RAB) and Revenue Allocation District Financing Act (RAD) to deal with the extraordinary cleanup costs and other costs required to prepare much of the area for redevelopment. With the present Redevelopment Plan, Carteret replaces the Amended Redevelopment Plan and the present Redevelopment Plan shall govern the redevelopment of the Landfill District Redevelopment Area. {9-9-04 REVIS:]} Landfill Improvement District Redevelopment Plan 3 1.3 DESCRIPTION OF THE LANDFILL DISTRICT REDEVELOPMENT AREA The Landfill District Redevelopment Area consists of the various tax lots in Blocks 9.03, 10, 11.01, 11.03, 11.04 and 113 in the Borough of Carteret, Middlesex County, as such lots are more specifically identified on Tables 2, 3 and 4, as well as Block 11.01, Lots 21, 48, 53 and 54, and as shown on the Landfill District Redevelopment Area Map (Figure #1). The property is located at Exit 12 of the New Jersey Turnpike and is bounded by Industrial Road, the Rahway River and the New Jersey Turnpike. The property is approximately 10 miles from Newark Airport and 13 miles from Port Newark. The site is located in the Heavy Industrial Zone (HI-A) and the Light Industry (Ll) Zone. For reference purposes, the principal uses permitted in such zones are set forth on Table 1 hereof. 1.3.1 Site: The area is shown on the Landfill District Redevelopment Area Map (Figure #1), and comprises ninety-two (92) individual tax parcels. The area is bordered by the Rahway River to the north, Roosevelt Avenue and Grant Avenue to the south, lands owned by General American Transport Corporation and Phillips Petroleum Company to the east, and a railroad right-of-way to the west. The railroad also bisects the redevelopment area in an east-west direction. Approximately 110 acres of the redevelopment area are former landfill sites. The remaining areas consist of wetlands, salt marshes, steep slopes, undeveloped upland areas, fuel tank farms (Amoco), a commercial recycling facility (CDI Industries), and a Borough owned recreation area. Three (3) solid waste landfills, the Carteret Landfill, the Cranbrook Landfill and the Middlesex Landfill, formerly operated at the western portion of the redevelopment area. These landfills officially terminated active on- site disposal activities in 1985, 1966 and 1979, respectively. This Plan divides the site into three discrete areas: Phase I, Phase II and the Southern Property. {9-9-04 REVIS. i) Landfill Improvement District Redevelopment Plan 4 / , \ \ , \ \. \ <% ;y "7 / , '? o ù y' -z. 0' f.¡ Þ- <J, : \ I \ .. > , -'- "- + -0 () () ~o ,~ \ 0 ,\ o .,;. \. "'~ , , tv '-<, 0 I / V 1\1 IÌ -------,- -------------- ~ i ''', . >- <! :~ , "I ~ ; a ;¡'Þ- " 0' -. ,/ // \1 ,/ L/ ~ ,i GRAPHIC SCÞLE 1<JQ 0 ~ 700 /-......~ ",""" 1Ò1ch..7001'l BOROUGH OF CARTERET T LANDFILL DISTRICT REDEVELOPMENT AREA MAP Figure 1 -.., 1- _ September. 2004 Landfill District Boundary Phase 1 Redevelopment Area Boundary ........\ . . ......¡,. ..........., ,.... ................. ......-.... ................................... . Landfill Improvement District Redevelopment Plan 5 1.4 SUBSTANTIVE BASIS FOR INCENTIVE PROVISIONS IN THIS PLAN The Borough has determined that it is in the public interest to increase the likelihood that the portion of the District that contains the actual landfill sites and additional properties needed to effectively develop such sites (i.e., Phase 1) be redeveloped prior to any other portions of the District being redeveloped, since the economic incentive to a redeveloper to redevelop Phase 1 is substantially reduced if the balance of the District is developed first. The Borough has further determined that the intent and purpose of the Redevelopment Plan and the Large Site Landfill Reclamation and Improvement Law would be significantly compromised if Phase 1 were not redeveloped, since the redevelopment of Phase 1 is the means by which the landfill areas will be properly closed. Because of these factors, the Borough has decided to provide for a bonus density a significant increase in allowable floor area as an implementation bonus in order to help stimulate development of Phase 1 prior to the rest of the redevelopment area (see 5.2.5). Further, the Borough has determined that development of the balance of the District (i.e., not Phase 1) will generate truck traffic that will be detrimental to the public interest if such development is opened for business prior to the completion of the Interim Improvements to Exit 12 planned by the New Jersey Turnpike Authority. (Interim Improvements are defined as the Turnpike improvements to Exit 12 and to the roads accessing such interchange that will direct traffic to and from the redevelopment area off of Borough local roadways). Therefore, the Borough is adopting this Redevelopment Plan to create an incentive for the redevelopment of Phase 1 prior to the redevelopment of the balance of the District and to enable the use of RAB and RAD financing to facilitate necessary land acquisition, remediation and capital improvements. This Redevelopment Plan supersedes and replaces the Amended Redevelopment Plan and any other redevelopment plans affecting the District, which shall be of no further force and effect. {9·9-04 REVIS'}} Landfill Improvement District Redevelopment Plan 6 SECTION 2 - REDEVELOPMENT GOALS AND POLICIES It is the goal of Carteret to maximize its social and economic potential and to assure that the land within its boundaries be fully productive and serve the public health and welfare. This Redevelopment Plan seeks to attract and facilitate the development of the Carteret Landfill Reclamation Improvement District Redevelopment Area, taking full advantage of the geographical benefits of the site. The redevelopment of the Carteret Landfill Reclamation Improvement District Redevelopment Area should broaden the basis of the Borough's economy, enhance employment opportunities for residents of the Borough and the region, and provide a needed facility to the area. Further, it will bring substantial infrastructure into this area of the Borough, which will eliminate the primary factor that has resulted in the underutilization of land in this area. Therefore, it is the intent of this Redevelopment Plan to reach the following goals and objectives for the Borough of Carteret: A. The development of economic uses that will enhance the quality of opportunities within the Borough. B. The development of job opportunities for the residents of Carteret and the surrounding municipalities. C. The remediation of idle landfills. D. The upgrading of sanitary sewer, potable water and local road infrastructure necessary to facilitate the implementation of this Plan. E. The enhancement of economic development opportunities that can support existing businesses with new customers. F. The creation of significant income producing properties to generate tax revenues to fund municipal services. SECTION 3 - ACQUISITION AND RELOCATION 3.1 Properties to be Acquired All of the properties in the redevelopment area are subject to acquisition, as necessary to effectuate the purposes of this Redevelopment Plan, with the exception of Block 11.01, Lot 21. 3.2 Relocation Certain commercial and/or industrial operations in the redevelopment areamay (9·9-04 REVIS. I; Landfill Improvement District Redevelopment Plan 7 need to be purchased and possibly relocated from their current places of business, such relocation to occur in conformance with applicable law and regulation. SECTION 4 - RELATIONSHIP TO OTHER PLANS 4.1 Municipal Land Use and Zoning The redevelopment area is located within the Light Industrial and HI-A Heavy Industrial Zoning Districts. The Carteret Borough Master Plan Reexamination (1998) envisions the redevelopment of the area for retail commercial purposes. The goals, objectives and standards contained herein are consistent with the Borough's Master Plan. Section 5 discusses the degree to which local zoning regulations are supplemented by the standards contained herein. 4.2 Sewer and Water The redevelopment area is within public water and sewer servIce areas. It is anticipated that mains will be extended to serve the project. 4.3 Transportation and Public Transportation The Redevelopment Plan notes the advantages relating to the proximity of the proposed development to Exit 12 on the New Jersey Turnpike, which roadway links the site to other major transportation arteries in the region. The location of the site proximate to the NJ Turnpike Exit 12 and the Port Newark/Elizabeth complex and Newark Airport creates strategic advantages for transportation and shipping businesses to locate in the redevelopment area. Businesses that serve the shipping industry will likewise be encouraged to locate in the redevelopment area. 4.4 Relation to Master Plans of Adjacent Municipalities Municipalities that border Carteret are Woodbridge Township in Middlesex County and Linden and Rahway in Union County. The redevelopment area is physically remote from Woodbridge Township and the City of Rahway, and development in the redevelopment area is not anticipated to have a measurable impact on either municipality. The Rahway River separates the redevelopment area from the City of Linden. The portion of Linden that is directly north and northeast of the redevelopment area is (9-9-04 REVIS:)} Landfill Improvement District Redevelopment Plan 8 located in that City's Heavy Industrial (H-I) Zone. This area contains fuel tank farms, industrial facilities, and a section of Marsh's creek and undeveloped wetland areas. At present, there is no local roadway that links the subject redevelopment area in Carteret to Linden. 4.5 Relation to County Plan and State Development Plan 4.5.1 The Strategic Plan for Middlesex County's Urban Center The redevelopment area is located within the Arthur Kill & Raritan Bay Shore Strategic Planning Area, and has historically been deemed appropriate for commercial development and redevelopment. The County's plan had identified the landfill site as the "Carteret Mall" as recently as 1998. The redevelopment plan is consistent with the County's overall objective for redeveloping the site for commercial use. 4.5.2 The State Development and Redevelopment Plan The entirety of the redevelopment area is located within the Metropolitan Planning Area (P A-l) as set forth by the State Development and Redevelopment Plan (SDRP). The intent of the SDRP in the P A-I is to: · provide for much of the state's future redevelopment; · revitalize cities and towns; · promote growth in compact forms; · stabilize older suburbs; · redesign areas of sprawl; and · protect the character of existing stable communities. This redevelopment plan is entirely consistent with the intent of the SDRP as it relates to the PA-l. Additionally, this redevelopment plan promotes the following stated policy objectives of the SDRP as they related to the P A-I: Land Use: Promote redevelopment and development in Cores and Neighborhoods of Centers and in Nodes that have been identified through cooperative regional planning efforts. Promote diversification of land uses, including housing where appropriate, in single-use developments and enhance their linkages to the rest of the community. Ensure efficient and beneficial utilization of scarce land resources throughout the Planning Area to strengthen its existing diversified and compact nature. (9-9·04 REV/SI) Landfill Improvement District Redevelopment Plan 9 Economic Development: Promote economic development by encouraging strategic land assembly, site preparation and infill development, public/private partnerships and infrastructure improvements that support an identified role for the community within the regional marketplace. Encourage job training and other incentives to retain and attract businesses. Encourage private sector investment through supportive government regulations, policies, and programs, including tax policies and expedited review of proposals that support appropriate redevelopment. Natural Resource Conservation: Reclaim environmentally damaged sites and mitigate future negative impacts, particularly to waterfronts, scenic vistas, wildlife habitats and to Critical Environmental Sites and Historic and Cultural Sites. Give special emphasis to improving air quality. Use open space to reinforce neighborhood and community identity, and protect natural linear systems, including regional systems that link to other Planning Areas. Redevelopment: Encourage redevelopment at intensities sufficient to support transit, a broad range of uses and efficient use of infrastructure. Promote design that enhances public safety, encourages pedestrian activity and reduces dependency on the automobile. Public Facilities and Services: Complete, repair or replace eXlstmg infrastructure systems to eliminate deficiencies and provide capacity for sustainable development and redevelopment in the region. Encourage the concentration of public facilities and services in Centers and Cores. Moreover, this redevelopment plan seeks to further the SDRP's stated Statewide goal to "protect the environment, prevent and clean up pollution," and promotes the objective of actively pursuing "... public/private partnerships, the latest technology and strict enforcement to prevent toxic emissions and clean up polluted air, land and water without shifting pollutants from one medium to another, from one geographic location to another." SECTION 5 - REDEVELOPMENT PLAN The Redevelopment Plan for the Carteret Landfill Reclamation Improvement District Redevelopment Aréa provides the framework for the implementation of one or more redevelopment projects in order to achieve the goals and objectives set forth herein. (9-9-04 REVIS. I ) Landfill Improvement District Redevelopment Plan 10 5.1 Land Use Options The Redevelopment Plan is intended to accommodate a range of commercial and industrial uses. The range of these uses are somewhat expanded from those permitted under the Borough's zoning ordinance in order to encourage redevelopment of Phase 1 of the Carteret Landfill Reclamation Improvement District Redevelopment Area. Permitted uses for the redevelopment area are set forth on Table 1 hereof. 5.2 Redevelopment Standards 5.2.1 - Purpose: The intent of these redevelopment standards is to provide the developer with guidelines in order to facilitate the design of a conforming project. It is also the purpose of the redevelopment standards to provide flexibility in the standards to accomplish a successful project and therefore the Planning Board will have authority to approve plans that have minor deviations from the specific bulk standard requirements for the relevant phase provided that they are not inconsistent with the objectives of and substantive basis for the redevelopment plan as determined by the Planning Board. Further, it is the purpose of these standards to create incentives for the redevelopment of Phase 1 prior to the redevelopment of the balance of the District. The redeveloper who redevelops Phase 1 first is provided with more options for the redevelopment of Phase 2 and the Southern Property than the redeveloper who does not propose to first redevelop Phase 1. 5.2.2 - Definitions: The words used in the Redevelopment Plan shall have the same definition as included in the Carteret Land Development Ordinance adopted May 2000 and as amended, unless specifically defined herein. For purposes of this Plan, the term "tract" shall mean "an area, parcel, site, piece of land, or property that is the subject of a development application. A tract may contain one or more tax lots, but must be designed as an integrated project that may be constructed in phases, subject to a redeveloper agreement." 5.2.3 - Other Standards: The standards contained within the Redevelopment Plan shall supersede existing regulations as contained in the Carteret Land Development Ordinance adopted May 2000, as amended. The Land Development Ordinance shall be the regulations for any site requirements or other standards not specifically set forth in this plan, and not otherwise inconsistent with the intent and purpose of the Redevelopment plan, as determined by the Plarming Board. {9-9-04 REVIS. I} Landfill Improvement District Redevelopment Plan }} These modifications permit a broader range of uses and best provide for maXimum flexibility to complete a successful project. More than a single permitted use and/or structure IS permitted m the Carteret Landfill Reclamation Improvement District Redevelopment Area. 5.2.4 - Bulk Standards - Phase 1 Bulk Items Redevelovment Plan Requirements Minimum Lot area * 40,000 square feet Minimum Lot width* 200 Minimum Tract Perimeter setback* 50' Maximum coverage - principal 75% building(s)* Maximum coverage - impervious 100% surfaces Maximum building height 65' * Any lot created for the purpose of creating a "pad site" for the occupancy of a structure for separate ownership or leasehold within a larger tract consistent with this plan shall not be subject to lot area, dimensional or setback requirements. These standards are -- applicable where the entire Phase 1 of the Carteret Landfill Reclamation Improvement District Redevelopment Area is planned as a single redevelopment project, which may be phased in accordance with a redeveloper agreement. ** No perimeter setback is required for those properties backing to the Arthur Kill. 5.2.5 - Bulk Standards - Phase II and Southern Property Bulk Standards - Base Redevelopment Zoning*** Bulk Items Redevelopment Plan Requirements Minimum Lot area * 40,000 square feet Minimum Lot width* 200' Minimum Front yard setback* 80' Minimum Side yard setback (each)* 20' -- Minimum Rear yard** 20' Maximum FAR 0.3 Maximum coverage - principal building(s)* 45% Maximum coverage - impervious surfaces 65% Maximum building height 40' (9-9-04 REVIS, I) Landfill Tmprovement District Redevelopment Plan 12 Bulk Standards - Implementation Bonus The implementation bonus standards shall apply: (1) to projects that are part of a coordinated redevelopment of the entire District pursuant to a redeveloper agreement between the Borough and a designated redeveloper; and (2) when the redeveloper has complied with any relevant provisions of such redeveloper agreement entitling it to the implementation bonus standards. Bulk Items Redevelopment Plan Requirements Minimum Lot area * 40,000 square feet Minimum Lot width* 200' Minimum Tract 30' Perimeter Setback* Minimum Side yard setback 20' (each)* Minimum Rear yard** 20' Maximum FAR 1.0 Maximum coverage - principal 65% building(s)* Maximum coverage - impervious 80% surfaces Maximum building height 65' * Any lot created for separate ownership or leasehold as part of a site plan for a larger tract shall not be subject to lot area, dimensional or setback requirements provided that it is determined by the Borough to be consistent with this plan. ** No perimeter setback is required for those properties backing to the Arthur Kill. *** The Base Redevelopment Zoning shall be the standard regulations for development unless the implementation bonus is triggered. 5.3 - Additional Requirements 5.3.1 Signs: - Phase 1: A. Wall: [1] Size: Maximum 5% of building face or 800 square feet, whichever is {9-9-04 REVIS. 1 } Landfill Improvement District Redevelopment Plan 13 less [2] Amount: Two per building. Secondary wall signs may be constructed on a secondary wall façades, provided its area does not exceed 40% of the area of the primary sign. [3] Buildings with multiple uses may have one sign per use per building facade fronting a street, with cumulative sign area per façade not to exceed A.[1]. Secondary wall signs may be constructed on a secondary wall façades, provided its area does not exceed 40% of the area of the primary sign. B. Freestanding - NJ Turnpike orientation [1] Size: Maximum 672 square feet per sign face [2] Amount: Three (3) per tract, within 660' of the NJ Turnpike [3] Height: Maximum of 140' above mean sea level C. Freestanding - Site Identification [1] Size: Maximum 200 square feet per sign face [2] Amount: Two (2) per tract, [3] Height: Maximum of 50' above grade. D. Directional [1] As required at the discretion of the Planning Board. Signs - Balance of District (Phase II and Southern Property) A. Wall: [1] [2] Size: Maximum 5% of building face or 800 square feet, whichever is less Amount: Two per building. Secondary wall signs may be constructed on secondary wall façades, provided its area does not exceed 40% of the area of the primary sign. Buildings with multiple uses may have one sign per use per building facade fronting a street, with cumulative sign area per façade not to exceed A.[1]. Secondary wall signs may be constructed on secondary wall façades, provided its area does not exceed 40% of the area of the primary sign. [3] B. Freestanding - Site Identification [1] Size: Maximum 100 square feet per sign face [2] Amount: Two (2) per tract (9-9-04 REVIS:}) Landfill Improvement District Redevelopment Plan 14 [3] Height: Maximum of 12' above grade 5.3.2 Parking: A. Office - 3 spaces per 1,000 sf B. Warehouse - 1 space per 5,000 sf. (including up to 10% office space as part of the gross building area) C. Other Permitted Uses - As per Borough Land Development Ordinance The above off-street parking and loading standards shall apply, except where the Planning Board determines that said standards may be reduced by up to 40% to account for shared parking and loading demands which diminish the need for on-site parking and loading. Where possible, cross easements shall be permitted and encouraged to enable sharing of parking facilities loading areas and driveways/access roads between lots. 5.3.3 Non-Applicable Sections: The following sections of the Borough Land Development Ordinance will not apply in the Redevelopment Area: 160-76: Blocks 160-77: Buffers 160-78: Corner lots 160-83: Grading and Filling 160-85: Lots 160-98: Accessory Buildings 160-102: Floodplain Regulations 160-103.B(1)(2): Hotels and Motels, limitation on minimum lot area per unit 160-109: Maximum number of principal uses or buildings per lot 160-113.D: Nonresidential signs 160-135, Subsections D, E and F: Light Industrial Zone Regulations 160-138, Subsections C, D and E: HI-A Heavy Industrial Zone Regulations 160-138.G(f): Bulk standards for regional malls in accordance with HI-A Zone 5.3.4 Amended Sections: The following amended sections of the Borough Land (9-9-04 REVIS."I) Landfill Improvement District Redevelopment Plan 15 Development Ordinance shall apply in the Redevelopment Area as follows: 160-135.A and 160-138.A: Uses permitted in the Light Industrial HI-A Zone shall be supplemented with the permitted uses specified herein for the redevelopment area. 160-138.G(1)(d): Ancillary retail stores, personal service establishments and entertainment establishments may be provided as part of a regional mall, with no limitation on the maximum total floor area of the development dedicated to said uses. 160-138.G(1)(e): Maximum building coverage shall be as set forth in Section 5.2.4 and 5.2.5 above. 5.3.5 Amendment to Zoning Map: The Zoning Map of the Borough of Carteret is hereby amended to include the "Landfill District Redevelopment Area" per the boundaries shown on Figure 1 in this Plan. 5.3.6 Stormwater Management: The stormwater management facilities shall meet requirements set forth by the New Jersey Department of Environmental Protection, as necessary for required permits. 5.3.7 Street, Curbs and Sidewalks: The proposed improvements shall meet the requirements set forth in the Land Development Ordinance at Sections 160- 79, 160-91, 160-94 and 160-107.D. to the extent practical given the constraints of the landfill closure plan and the requirements of the proposed redevelopment. Each redevelopment project shall have adequate access between its internal system of private roads, drives; parking and loading areas and Industrial Road, Roosevelt Boulevard or any newly constructed public road. 5.3.8 Landscaping, Pedestrian Circulation and Amenities: Proposed improvements shall provide a landscaped area at a minimum of 10 feet in width along any perimeter access road. SECTION 6 -APPROVALS/INFRASTRUCTURE IMPROVEMENTS 6.1 Subdivision/Site Plan Except as otherwise provided In this Redevelopment Plan, any redevelopment project carried out in the Carteret Landfill Reclamation Improvement District Redevelopment Area is required to meet the standards and requirements of the (9-9-04 REVIS,I) Landfill Irnprovement District Redevelopment Plan 16 Carteret Land Development Ordinance. Subdivision and site plans for any redevelopment project are required to be submitted to the Carteret Planning Board for review, public hearing and approval. No site plan shall be submitted unless the necessary infrastructure to support that intensity of development is part of such site plan or already approved. A public hearing will be required as part of the approval process. Individuals will be notified as required under the New Jersey Municipal Land Use Law. Input from the property owners and general public will be made at the public hearing. 6.2 Infrastructure Improvements As a condition of redevelopment of the District, certain infrastructure improvements must be made to the site. The infrastructure improvements anticipated for the District include: a. Construction of on-site potable water and sewer mains. b. Construction of off-site potable water, sewer mains and a sewage pump station. c. Construction of a road system including a storm water management system. d. Construction of electric, gas, cable television, and telephone facilities. 6.3 Revenue Allocation District It is the intention of the Borough to utilize the Redevelopment Area Bond Financing Law and/or the Revenue Allocation District Financing Act to generate funds from the redevelopment of the redevelopment area to be used for the remediation of contaminated conditions, closure of landfills, infrastructure relocation or installation, property acquisition and other capital improvements either within the redevelopment area or necessary to effectuate the redevelopment of the redevelopment area and implementation of this redevelopment plan. The Borough hereby provides for the creation of a Revenue Allocation District (RAD) for purposes of financing eligible redevelopment projects and activities pursuant to the Revenue Allocation District Financing ActiN.J.5.A. 40A:12A-64 et seq.). The Revenue Allocation District boundaries shall be Phase 1 of the Landfill District Redevelopment Area as designated by the Carteret Borough Council (see Figure 1). The District Agent shall be the Borough Council unless otherwise designated by separate ordinance or resolution of Borough Council, as set forth in {9-9-04 REVIS I} Landfill Improvement District Redevelopment Plan 17 Section 17 of the Act. SECTION 7 - MISCELLANEOUS 7.1 Certificates of Completion This Redevelopment Plan and any amendments, modifications and revisions thereof shall be in full force and effect until all redevelopment projects are certified as being substantially completed by the Borough. Each project will be issued a Certificate of Completion by the Borough upon final inspection and issuance of a certificate of occupancy by the Construction Official as provided for in the relevant redeveloper agreement. The property for which the Certificate of Completion is issued will be deemed to be no longer in need of redevelopment and the redeveloper shall be released from any further obligations under the redeveloper agreement for that project other than in connection with obligations associated with financial bonding. ~. {9·9·04 REVIS. I} Landfill Improvement District Redevelopment Plan }8 TABLE 1 PERMITTED USES LANDFILL DISTRICT REDEVELOPMENT AREA Permitted Uses HI-A Zone ( or com arison U oses) All industrial or manufacturing uses not specifically prohibited under the provisions of The Borough of Carteret's Land Development Ordinance. (9-9-04 REVIS. I) Landfill Improvement District Redevelopment Plan Permitted Uses II Zone ( or com arison U oses) · Business, professional and governmental offices. · Research, experimental and testing laboratories. · Wholesale offices and showrooms with accessory storage of goods. · Screened storage and warehousing. · Light Industrial manufacturing Permitted Uses - Landfill District Redevelopment Area · Business, professional and governmental offices. · Research, experimental and testing laboratories. · Wholesale offices and showrooms with accessory storage of goods. · Light Industrial manufacturing · Warehouse · Truck stop and related services (e.g. truck wash, fueling station) · Flex Light Industrial/office space · Retail Sale of Goods and Services, including wholesale clubs · Restaurants, Bars and Nightclubs · Fast Food Restaurants · Health Clubs · Food Stores · Variety Stores · Dry Goods Stores · Movie Theaters · Clothing or Clothing Accessory Stores · Hotel/Motel · Department Stores · Sports Facilities · Mixed use of items above · Parking · Munici al facilities )9 TABLE 2 PHASE I LIST OF TAX LOTS Lot Block Lot Block 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 17.01 17.02 18 19 20 23.01 23.02 24 25.01 25.02 26 29.01 29.02 30 31.01 31.02 33.01 33.02 34.01 Unnamed Street Driftway Rail Road Crossing {9-9-04 REVIS..l} Landfill Improvement District Redevelopment Plan 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 34.02 35 36 37 38 39 40 41 42 43 44 45 46 47 49 50 52 58 60 20 (9-9-04 REVIS]) Landfill Improvement District Redevelopment Plan TABLE 3 PHASE II PROPERTIES Block 9.03 10 10 10 10 10 10 10 10 10 10 10 10 10 10 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 Lot 21 8 9 10 11 12 13 14 15 16 17 18 19 20 21 6 7 8 9 10 11 12 13 14 15 16 27 28 21 (9-9·04 REVIS,!) Landfill Improvement District Redevelopment Plan TABLE 4 Block SOUTHERN PROPERTY 11.04 11.03 113 113 113 113 113 113 113 113 113 113 113 113 113 Lot 51 32 1.02 1.03 2 3 4 5 6 7 8 20 32 56 57 22 BOARD OF CHOSEN FREEHOLDERS PLANNING BOARD David B. Crabiel. Freeholder Director Stephen J. "Pete" Dalina. Deputy Director Jane Z. Brady Ca'llille Fernicola f-1 '11es Palos A. Pulomena èrICistopher D. Rafano Freeholders \i:::\ \/, ~...iì:--"'~4!.4", " ;p~~,g ,i! }'~";~ 1f~ ~I ,ìi;Æ!^-,~~') ~.. )- {!, "I .' I ' ,¡¡, 4 ("; '" ,\ (', ,~~;, ~ Ai~'-¿~;\;:¡;fíQf ,ølÞ P.~~'(. =¡-,'fií,t" $" J;1\\)"<4¡<&. " ~P''Iì''Îv~~ 0/ 1^ 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 Engineering & Planning COUNTY OF MIDDLESEX DEPARTMENT OF PLANNING Environmental, Parks and Comprehensive Planning Division 40 Livingston Avenue New Brunswick, New Jersey 08901 732-745-3016 Fax 732-745-3011 George M. Ververides. PP, AICP Director of County Planning November 10. 2004 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: Ordinance Descriotion 1. 04-28 Redevelopment Plan for the Carteret Landfill Reclamation Improvement District 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. 1£ 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. I'll) -J-I-¡J _ vr:- j.. / I ~U'uLA..<)"./ -71 ~/.l.tL. Matthew Flannery ,7 Supervising Planner MF:1ak c: George M. Ververides, Director of County Planning No..Q4-29 ®r ûÌ1nnttC úf t4c Jßúrúug4 úf QIètricrd, ~ ~ 3J ~ ORDINANCE APPROPRIATING $150,000 FROM THE CAPITAL IMPROVEMENT FUND FOR THE WATERFRONT PHASE II PROJECT IN AND BY THE BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLESEX, NEW JERSEY. ( BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLESEX, NEW JERSEY AS FOLLOWS: Section 1. $150,000 is hereby appropriated from the Capital Improvement Fund for the improvements and/or development of a Green Acres Recreation area to include Waterfront Park Phase II improvements, including the installation of a new floating dock, fixed timber platform and gangway system on the northern side of Veteran's Memorial Pier, including all work and materials necessary therefor and incidental thereto in and by the Borough of Carteret, in the County of Middlesex, New Jersey. The Borough will receive $150,000 from the County Open Space, Recreation and Farmland and Historic Preservation Trust Fund. Section 2. The capi tal budget of the Borough of Carteret is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewi th. The resolution in the form promulgated by the Local Finance Board showing full detail of the amended capital budget and capital program as approved by the Director of the Division of Local Government Services is on file with the Clerk and is available there for public inspection. Section 3. This ordinance shall take effect as provided by the law. I I l__.. DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE COUNCILMAN -- I YES I NO NV A.B. I! COUNCILMAN YES NO NV A.B. -. rrorlM "'. DT 1O'C <:;TTAR7 y y v· r~~ Jf. X X DTnc: ---- . ( , I I x - Indicate Vote An - Absent NY - No! VOling XOR - Indicates Vote to Overrule Veto r;~oPted (Ill' first reading of the Council of the Borough ofCarteret. N.J.. on SePtember 9. 2004 ; A.doptcd on second reading after hearing on <k.tober 71 2004 . a/ APPR~~~~U~~~~_r.Þ' /#~~ : ~ ~ -l ON 1) ()~y . 2£,,. I , - .- , - , . BOROU LER . Affidavit of Publication Publisher's Fee $66.44 , State of New Jersey} 55. MIDDLESEX COUNTY Personally appeared LINDA DIAZ 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 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 lONE) times, once In each Issue, as follows 9n61D4. PATRICIA W. TUWN~tNU NOTARY PUBLIC' OF NEW JERSEY ~ MY-COMM~S OCT. 2, 2005 (yj¡j(' Á . VJ,( r(JIhI d Notary Public of New Jersey BOROUGH OF CARTERET - - ORDINANCE #04-29 ORDINANCE APPRO- ~~hA.rI~~E $d:~{~Xe IMPROVEMENT FUND FOR THE WATER- FRONT PHASE II PRO- JECT IN AND BY THE BOROUGH OF CAR- TERET, IN THE COUN- TY OF MIDDLESEX, NEW JERSEY. BE IT ORDAINED BY THE BOROUGH COUN- CIL OF THE BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLE- SEX, NEW JERSEY AS FOLLOWS: Section 1. $150,000 ;s hereby ap- propriated from the Cap- Ital Improvement Fund for the improvements G~~~~r~;r~~Oß~;~~~~~ area to include Water- front Park Phase II im- provements. including the installation of <I new floating dock, fixed tim- ber platform and gang- way system on the northern side of Veter- an's Memorial Pier, in- cluding all work and ma- terials necessary therefor and incidental thereto in and by the Borough of Carteret. in the County of Middlesex, ~~wh Jer;"i~· T~~c:~:~ $1~O,OOO from the 2~~~e\;tio~P~':,d sr:rc~: land and Historic Preser- vation Trust Fund. Section 2. The capital budget of the Borough of Carteret ¡s hereby amended to conform with the provisions of this ordinance to the ex- tent of any inconsistency herewith. The resolution in the form promulgated by the Local Finance ~fa(hde s~~~~5e~UI~~~~a~: budget and capital pro- ~í~~t~~ abrth"eedD~J¡s~~~ of Local Government Services IS on file with the Clerk and is available there for public inspec- tion. Section 3. This ordi- nance shall take effect as pro~~~Cb~ Òh~ law. PENDING ORDINANCE AND SUMMARY The ordinance, the sum- mary terms of which are included herein, was In- troduced and passed up- on first reading at a ~oe:ti~~ ~~~hB;~~~~~in~ carferet, in the County of Middlesex, State of New Jersey, on Septem- ber 9, 2004. It will be further considered for fl- h:lafic:,~a~~rae~~. p~plì~ ~oede;¡t~ 0~:hhefdv:In1h~ Municipal Court/Police Facility, in the Borough on October 7, 2004 at 7:00 o'clock p.m. During the week prior to and up to and including the date of such meeting. copies of tile full ordinance will be available at no cost ~~~s ~~~~~ ;te~~aél~~k~~ office for the members ~fh¿h:ha't~~~a~e~u~g~ same. The summary of the terms of such ordi- nance follows: Title. ORDINANCE AP- PROPRIATING $150.000 FROM THE CAPITAL IM- PROVEMENT FUND FOR THE WATERFRONT PHASE II PROJECT IN AND BY THE BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLE- SEX, NEW JERSEY Purpose(s): Improve- ment and/or develop- ment of a Green Acres Recreation area to in- clude Waterfront Park Phase II improvements, including the installation fi~ead nt~~I~rati~Fat1~~~ and gangway system on the northern side of Vet- eran's Memorial Pier, in- f~ur4i~Fs all wr:;~caensds;;nray therefor and incidental thereto. Appropriation: $150,000 Bond/Notes Authorized: $0 Grants (if any) Appropri- - A.D.. 2004 ,~ MI /I Sworn and subscribed before me this 16th day of september, A.D., 2004 .-/ ated: $150,000 County Open Space. Recreation and Farmland and His- toric Preservation Trust Fund Section 20 Costs: N/A Useful Ufe: N/ A This Notice is published pursuant to N.J.S.A. 4OA:2-17. ($66.44) 18205 , Affidavit of Publication ~ Publisher's Fee $14.96 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 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 lONE) times, once In each Issue, as follows 10/12/04. t'1II IiICIA VV. IOVVN:>tNV NOTARY PUBLJÇ-OF NfW JERSEY \7 MY COMMI~~PIR~S OCT. 2, 2005 Y¡;'¡--)-;)rJ d L>rúJYJh Notary Public of New Jersey . BOROUGH OF CARTERET - ORDINANCE # 04-29 ORDINANCE APPRO- ~~bAJI~~E ~.i~i~X~ IMPROVEMENT FUND FOR THE WATER· FRONT PHASE II PRO- JECT IN AND BY THE BOROUGH OF CAR- TERET, IN THE COUN- TY OF MIDDLESEX, NEW JERSEY Approved and Adopted: October 7, 2004 Introduced: September 9, 2004 Advertised as adopted on first reading with no- tice of Public Hearing: September 16. 2004 Hearing Held: October 7, 2004 Approved By: Mayor Daniel J. Reiman Advertised as finally adopted: October 12, 2004 Kathleen M. Barney, Municipal Clerk ($14.96L 14288 -- ~ A.D., 2004 Ì'J\¿'~~~' ' Sworn and subscribed before me this 12th day of October, A.D., 2004 .l~>, "'<. " " . /(~ L ( ( { No 04-30 <IDrûhmntc üf tl¡c lßürüugq úf OInrtcrd, ~. JJ. BOND ORDINANCE AMENDING BOND ORDINANCE NUMBERED 95-16 OF THE BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLESEX, NEW JERSEY FINALLY ADOPTED APRIL 6, 1995 IN ORDER TO AMEND THE DESCRIPTION OF THE PROJECT BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH . OF CARTERET, IN THE COUNTY OF MIDDLESEX, NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring) AS FOLLOWS: Section One. Section 3(b) of Bond Ordinance numbered 95-16 of the Borough of Carteret finally adopted April 6, 1995 is hereby amended to read as follows: (b) Construction of an addition to and the renovation of the existing health building and the parks department building in the Borough, including acquisition and installation of equipment and furnishings and all work necessary therefor or incidental thereto. Section Two. The capi tal budget of the Borough of Carteret is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith. The resolution in the form promulgated by the Local Finance Board showing full detail of the amended capital budget and capital program as approved by the Director of the Division of Local Government Services is on file with the Clerk and is available there for public inspection. Section Three. This bond ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law. I . -..--'-'- DO NOT USE SPACE ßELO\V THIS LINE ~--'--- RECORD OF COUNCIL VOTE COUNCILMAN rYES NO NV A.B. COUNCILMAN YES I NO NV A.B. UD,,... X RIOS X I - ì ----- NAPI Fe:: I X SITARZ X X SOSOOWSKI X , ------ I x - Indicate Vote AB - Absem NY - Not Voting XOR - Ind,icates Vote to Overrule Veto I .A.dopted on first reading of the Council of the Borough of Carteret, NJ., on September 9, 2004 AdoPt~:,:::,eC()nd reading after hean:g on _ ~ (xto~r~, 2004 ~:'MCD~ 2,d~L.-~~ ~Rø I I / -- I ",()~"f.) 7 ~ BOROUGHC ERK 7'ð ~ -- Affidavit of Publication Publisher's Fee $44.00 Affidavit Charge $20.00 State of New Jersey} 55. MIDDLESEX COUNTY personally appeared LINDA DIAZ of the Home News Tribune, a newspaper printed In Freehold, NJ and published 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 lONE) times, once In each Issue, as follows 9/16104. A.D, 20M ~/Y'Æ Ih~ sworn and subscribed bl fore me this 16th day of September, A.D., 2004 PATRIEIA W. T8WNSCNB NOTARY PUBLIC NEW JERSEY -P ~v...COM XP ES OCT. 2, 2005 Notary Public of New Jersey BOROUGH Of CARTERET ORDINANCE #04-30 BOND ORDINANCE AMENDING BOND OR- DINANCE NUMBERED 95-16 OF THE BOR- OUGH OF CARTERET, IN THE COUNTY OF ~~~D~~~i~y 'l~pJfERë APRIL 6, 1995 IN OR- DER TO AMEND THE DESCRIPTION OF THE PROJECT BE IT ORDAINED BY THE BOROUGH COUN- CIL OF THE BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLE- SEX. NEW JERSEY (not less than two-thirds of all members thereof affir- FJètö!.X-s~oncurrîng) AS Section One. Section 3(b) of Bond Ordinance numbered 95-16 of the Borough of Carteret fi- nally adopted April 6, 1995 is hereby amer,ded to read as follows: (b) Construction of an addition to and the renovation of the ex- isting health building and the parks de- partment building in the Borough, includ- ing acquisition and ~~t~~la~~~ o:u~~rd~~ ings and all work necessary therefor or incidental thereto. Section Two. The capital g~~~:~~~ th~sBorh~f~bo; amended to conform with the provisions of this ordinance to the ex- tent of any inconsistency herewith. The resolution in the form promulgated by the Local Finance ~f~rhde s~~~~5e~I~~~~a~1 budget and capital pro- ~¡:~t~~ agrt~"eedD~j;s~~~ of Local Government Services is on file with the Clerk and is available there for public inspec- tion. Section Three. This bond ordinance shall take ef- fect 20 days after the first publication thereof after final adoption as g~~~tea~. by the Local The foregoing ordinance was mtroduced at a meeting of the Council of the Borough of Car- teret held September 9, 2004 when it was ad~t- :~ign o~~i~a~~~di~~1 ~~ further considered on Second Reading for final ~~fft¡~no~~~iie~~in~h~ Borough of Carteret on O;~~r~~t~¡y 2~~ÓO aþ.~~ ~uniciPal Court/Police Facility, 230 Roosevelt Avenue, Carteret, New Jersey at which time and place aU persons inter- ested will be given an op- ~ortunity to be heard. c:~~T:3 :ù~r;:' Clerk ($44.00) 19073 Affidavit of Publication Publisher's Fee $40.04 Affidavit Charge $20.00 State of New Jersey} 55. MIDDLESEX COUNTY Personally appeared MARIAN BUTLER of the Home News Tribune, a newspaper printed In Freehold, NJ and published 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 lONE) times, once In each Issue, as follows 10/12/04. A.D., 20M \\~~~~ PATRICIA W. TOWNSEND NOTARY PU OF NEW JERSEY MY COMMI ON PIRES OCT, 2, 2005 ~ sworn and subscribed before me this 12th day of october, A,D., 2004 BOROUGH OF CARTERET ORDINANCE #04-30 BOND ORDINANCE AMENDING BOND OR- DINANCE NUMBERED 95·16 OF THE BOR- OUGH OF CARTERET, IN THE COUNTY OF MIDDLESEX, NEW JER- SEY FINALLY ADOPT- ED APRIL 6, 1995 IN ORDER TO AMEND THE DESCRIPTION OF THE PROJECT BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF CAR- TERET. IN THE COUNTY OF MIDDLESEX, NEW JERSEY (not less than two-thirds of all mem- bers thereof affirmative- ly concurring) AS FOL- LOWS: Section One. Section 3(b) of Bond Ordinance numbered 95-16 of the Borough of Carteret fi- nall~ adopted April 6, i;;e;~ ~:rj~ro~~ended (b) Construction of an addition to and the ren- ovation of the existing health building and the parks department build- Ing in the Borough, in- cluding acquisition and installation of equip- ment and furnishings and all work necessary therefor or incidental thereto. Section Two. The capital ~~~~~~ ~~ th~ sBorh~~~ bO: amended to conform with the provisions of this ordmance to the ex- tent of any inconsistency herewith. The resolution in the form promulgated by the Local Fmance ~?at~e s~~~~Je~UI~~~~~: budget and capital pro- B¡~~t~; a~Tt~"eedDr,¡;s~~~ of Local Government Services is on file with the Clerk and is available there for public inspec- tion Section Three. This bond ordinance shaH take ef· fect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law. Approved and Adopted: October 7. 2004 Introduced: September 9, 2004 Advertised as adopted on first reading with no- tice of Public Hearing: September 16. 2004 Hearing Held. October 7, 2004 Approved By: Mayor Daniel J. Reiman Advertised as finally adopted: October 12. 2004 Kathleen M. Barney, MuniCiral Clerk ($40.04 27468 l , 14 ,rl No. 04-31 @rò-i:mtut.e of ±~e ~orúu£q úf C1Iètd.er.et, ~.. ].. -~.:....ounci]man Presents the following Ordinance Seconded by Councilman AN ORDINANCE TO AUTHORIZE THE ACQUISITION AND/OR CONDEMNATION OF REAL PROPERTY WITHIN THE CARTERET LANDFILL RECLAMATION IMPROVEMENT DISTRICT WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-I et seq. as amended and supplemented ("Redevelopment Law"), provides a process for municipalities to participate in the redevelopment and improvement of areas in need of redevelopment, which process includes, if necessary, the power to acquire real property that is necessary to carry out and effectuate a redevelopment plan either by direct negotiation or by condemnation pursuant to the Eminent Domain Act of 1971, N.J.S.A. 20:3-1 et seq. (the "Eminent Domain Act"). :1 -I I WHEREAS, on October 7, 2004, the Borough of Carteret adopted Ordinance No. 04-28 through which the Redevelopment Plan for the Carteret Landfill Reclamation Improvement District ("Redevelopment Plan") was adopted by the Borough and which Redevelopment Plan identifies properties that should be acquired, if need be, to effectuate the purposes of the Redevelopment Plan, acquisition for said purposes having been recognized at law to be for a public purpose or for a public use. WHEREAS, section 40A:12-5(a)(l) of the Local Lands and Buildings Law, NJ.S.A. 40A:12-1 et seq. ("LLBL"), also empowers municipalities to acquire real property by direct negotiation or by condemnation, however, in the case of a municipality, such acquisition must be authorized by duly adopted ordinance. WHEREAS, the Borough has entered into a redevelopment agreement with Titan-PDC Carteret, LLC ("Redeveloper") pursuant to which Redeveloper is obligated to carry out a redevelopment project in furtherance of the Redevelopment Plan, and the Borough has determined that acquisition of certain property within the jurisdiction of the Redevelopment Plan will be necessary to facilitate the redevelopment project and the Borough now wishes to authorize such real property acquisition by this ordinance, as required by the LLBL, the Eminent Domain Act, and the Redevelopment Law. NOW THEREFORE, BE IT ORDAINED, by the Mayor and Council of the Borough of Carteret, as follows: \ SECTION 1. The acquisition of any and all of the real properties identified in Exhibit "A" by any of the following methods, (i) consummation of a purchase and sale contact which is the product of direct negotiations with the owners of such properties, (ii) by a gift, grant, bequest, devise or contribution by any owner of such properties, or (iii) by condemnation of any such property that is carried out pursuant to the Eminent Domain Act is hereby authorized and directed for the purposes of implementing the goals and objectives of the Redevelopment Plan and for such other municipal purposes as may be authorized by law. SECTION 2. The Borough's special redevelopment counsel, namely the firm of Windels Marx Lane & Mittendorf, LLP, or any attorney associated with such firm, and/or the Borough Attorney are hereby authorized and directed to perform or carry out or cause to be performed or carried out, any studies, surveys, tests, soundings, borings, appraisals, title searches and title report reviews as reasonably necessary to determine the value of any of the properties, the location and quality of any of the properties and any environmental matters associated with any of the properties and to undertake any action necessary or appropriate to acquire the aforementioned real properties. No. 04-31 Page 2 bf 3 SECTION 3. The firm ofWinde1s Marx Lane & Mittendorf, LLP, or any attorney associated with such firm and/or the Borough Attorney are authorized to negotiate with any of the properties' owners or filing and pursuing any condemnation action, as necessary. SECTION 4. The Mayor and Borough Clerk and such other officers as may be necessary are hereby authorized to undertake any actioTIs and execute and deliver any paper, form, or document necessary 0, appropriate to acquire said properties by any of the methods set forth in Section 1 of this ordinance. SECTION 5. All ordinances and/or parts of ord i :11nces inconsistent herewith are repealed to the extent of any such inconsistency. SECTION 6. This ordinance shall take effect upon publication as provided by law. DO NOT OSE SPACE BL:l_O'V THrs LINE RECORD OF COUNCIL VOTE COUNCILMAN YES NO r-.'V A.B. COUNCILMAN YES NO NV A.B. ",~n.. x ~. RIOS X >JADt ,,"co v II SITARZ X DARTC::T v =.=lL sOSnOWSKI x X· Indicate Vote AB - Absent NV . Not Vo~ing XOR - Indicates Vote to Overrule Veto CD Adopted on first reading of the Council of the Borough of Carteret, N.J., on October 28, 2004 Adopted on second reading after hearing on November 9, 2004 AI~,;;¡;;...,,~~L-4i -pd'~f'~Î ON ~/:? ~ , _ BOROUGH CLER~ C. ~~ - 10. 104-31 {40142476;3} EXHTBIT "A" Block 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 11.01 Unnamed Street Driftway Rail Road Crossing Refer to Survey Prepared by Keller 8: Kirkpatrick Dated 1/31/03 and the Title Report Prepared By Roya I Abstract. Lot Owner 17.01 Borough ('f Carteret 17.02 Borough of Carteret 18 Borough of Carteret 19 Borough orCarteret 20 CDI Industries Inc. 21 GA TX Terminals Corporation 23.01 CDI Inc!::'tries Inc. 23.02 CDI Industries Inc. 24 Borough of Carteret 25.01 Borough ofCarteret 25.02 Borougìl of Carteret 26 Borough of Carteret 29.01 Borough ofCarteret 29.02 Borough of Carteret 30 Borough 0 f Carteret 31.01 CDI Ind, ,tries Inc. 31.02 Borough ,·f Carteret 33.01 Borough of Cmiçret 33.02 Borough ofCarteret 34.01 Borough of Carteret 34.02 Borough of Carteret 35 Borough "f'Carteret 36 Industriall'.cclamation Service 37 Midd1csex L.and Pill Corporation 38 Middlesex L.and Pill Corporation 39 Borou gh 0 f Carteret 40 CDI Industries Inc. 41 CDI Industries Inc. 42 CDT Industries Inc. 43 CDI Inc!u,tries Inc. 44 Borough of Carteret 45 Borough of Carteret 46 Borough of Carteret 47 Borough of Carteret 49 Middlcsex Land Pill Corporation 50 CDI Industries Inc. 52 CDI Industries Inc. 58 CDI Industries Inc. 60 CDI Industries Inc. Page 3 of 3 Affidavit of Publication Publisher's Fee $144.32 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 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 lONE) times, once In each Issue, as follows 11/02/04. ~ATRlôIA W. T5'vVNSEim NOTARY PUB F NEW JERSEY MY COMMISù N EX IRES OCT 2. 2005 "~ . A.D., 2004 ,,", \ '. \. , \ \'''' \ \j\,\ . . .) 0:\t<v "'"" A.-:t<'L,¿ Sworn and subscribed before me this 2nd day of November, A.D., 2004 ORDINANCE #04-31 AN ORDINANCE TO AUTHORIZE THE AcaUISITION AND/OR CONDEMNATION OF REAL PROPERTY WITHIN THE CARTERET LANDFilL RECLAMATION IMPROVEMENT DISTRICT WHEREAS, the Local Redevelopment and Housing Law, N.J.SA 40A:12A-l et seq. as amended and supplemented ("Redevelopment Law"), provides a process for municipalities to partIcipate in the re- development and improvement of areas in need of redevelopment, which process includes, if neces- sary, the power to acquire real property that is necessary to carry out and effectuate a redevelop- ment plan either by direct ne~otiation or by con- demnation pursuant to the Eminent Domain Act of Ã~r.~', N.J.SA 20:3-1 et seq. (the "Eminent Domain WH~REAS, on October 7, 2004, the Borough of Carteret adopted Ordmance No. 04-28 through which the Redevelopment Plan for the Carteret Landfill Reclamation Improvement District ("Rede- velopment Plan") was adopted by the Borough and which Redevelopment Plan identifies propertIes that should be acquired, if need be, to effectuate the purposes of the Redevelopment Plan, acquisi- tion for said purposes having been recognized at law to be for a public purpose or for a public use. WHEREAS, section 40A:12-5(a)(l) of the Local Lands and Buildings Law, N.J.SA 40A:12-1 et seq. ("LLBL ") also empowers municipalities to acquire real property by direct negotiation or by condem- nation. however, in the case of a municipality, such acquisition must be authorized by duly adopted ordinance. WHEREAS, the Borough has entered into a rede- velopment agreement with Titan-PDC Carteret, LLC ("Redeveloper") pursuant to which Redeveloper is obligated to carry out a redevelopment project in furtherance of the Redevelopment Plan. and the Borough has determined that acquisition of certain ~~~r~ra:~~\n b~h~ebu:~;~igi~~ f~~i~i~:teR~~:vre~â~: velopment project and the Borough now wishes to authorize such real property acquisition by this ordinance, as required by the LLBL. the Eminent Domain Act, and the Redevelopment Law. NOW THEREFORE, BE IT ORDAINED, by the May- or and Council of the Borough of Carteret, as follows' SECTION 1. The acquisition of any and all of the real properties identified in Exhibit "A" by any of the following methods. (I) consummation of a purchase and sale ~ithtat~te W~~Cnhe:; ~fe ~~ohd~~~g~r~I~~~t({i)et~ti:t~ït~ grant, bequest, devise or contribution by any owner of such properties, or (iil) by condemnation of any such property that is carned out pursuant to the Eminent Domain Act is hereby authorized and dl- ~~~te~b¡'~~ti~he~ ~\rfheseRed~~~~~e~ee~tti~fa~h:n~of~~ such other municipal purposes as may be autho- ~~e¿tT?ð~a;. The Borough's special redevelopment counsel. namely the firm of Windels Marx Lane & Mittendorf, LLP. or any attorney associated with such firm, and/or the Borough Attorney are hereby autho- rized and directed to perform or carry out or cause to be performed or carried out, any studies, sur· veys. tests, soundings. borings, appraisals, title searches and title report reviews as reasonably necessary to determine the value of any of the propert!es. the location and quality of any of the propertIes and any environmental matters associat- ed with any of the properties and to undertake any action necessary or appropriate to acquire the aforementIOned real propertieS. SECTION 3. The firm of Windels Marx Lane & Mittendorf LLP or any attorney associated with such firm a'nd/o~ the Borough Attorney are authorized to negotiate with any of the properties' owners or filing and pursuing -""ny condemnation action, as necessary. SECTION 4. The Mayor and Borough Clerk and such other officers as may be necessary are hereby authorized to undertake any actions and execute and deliver any paper, form, or document necessary or appro- ~~~~eodt~ s:~ï~~th i'nai~eg{¡~~ert¡~f t~i~ ~rnJ¡n~~c~he SECTION 5. All ordinances and/or parts of ordinances ¡nconsis- tent herewith are repealed to the extent of any such inconsistency. SECTION 6. This ordinance shall take effect upon publication as provided by law. The foregoing ordinance was introduced at a meet- ing of the Council of the Borough of Carteret held October 28, 2004 when it was adopted on First Reading. The saId ordinance wIn be further consid- ered on Second Reading for final adoption at a meeting of said Council of the Borough of Carteret on November 9, 2004 at approximately 7:00 P.M., Municipal Court/Police Facility, 230 Roosevelt Ave- nue, Carteret, New Jersey at which time and place all persons interested will be given an opportunity to be heard. KATHLEEN M. BARNEY, Certified Municipal Clerk EXHIBIT "A" Owner Borough of Carteret Borough of Carteret Borough of Carteret Borough of Carteret CDI Industries Inc GATX Terminals Corporation CDI Industries Inc. CDI Industries Inc. Borough of Carteret Borough of Carteret Borough of Carteret Borough of Carteret Borough of Carteret Borough of Carteret Borough of Carteret CDI Industries Inc. Borough of Carteret Borough of Carteret Borough of Carteret Borough of Carteret BOROUGH OF CARTERET Block Lot 11.01 17,01 11.01 17.02 11.01 18 11.01 19 11.01 20 11.01 21 11.01 23.01 11.01 23.02 11.01 24 11.01 25.01 11.01 25.02 11.01 26 11.01 29.01 11.01 29,02 11.01 30 11.01 31.01 11.01 31.02 11.01 33.01 11.01 33.02 11.01 34,01 (Page 1 o f #24326 ) 11.01 34.02 11.01 35 11.01 36 11.01 37 11.01 38 11.01 39 11.01 40 11.01 41 11.01 42 11.01 43 11.01 44 11.01 45 aD I 46 11.01 47 11.01 49 11.01 50 11.01 52 11.01 58 11.01 60 Unnamed Street Driftway Rail Road Crossín~ ~:~:d tf/j~~'ó1 ar:¿~~ee~i~~ ~:~~~t&p~~~~~:~rig Royal Abstract. ($144.32) 24326 (Page 2 of #24326 ) Borough of Carteret Borough of Carteret Industrial Reclamation Service Middlesex Land Fill Corporation Middlesex Land Fill Corporation Borough of Carteret COI Industries Inc. eOI Industries Inc. eDI Industries Inc. eOI Industries Inc. Borough of Carteret Borough of Carteret Borough of Carteret Borough of Carteret Middlesex Land Fill Corporation CDI Industries Inc. CDI Industries 'nc. eOI Industries Inc. eDI Industries Inc. Affidavit of Publication Publisher's Fee $13.20 State of New Jersey} 55. MIDDLESEX COUNTY Affidavit Charge $20.00 Personally appeared MARIAN BUTLER of the Home News Tribune, a newspaper printed In Freehold, NJ and published 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 lONE) times, once In each Issue, as follows 11/16/04. PAmlClA W. TBVJN3ENI:J NQT.^.RY PI:l8UC or NEW JERSEY MY r.nM~4ISSIQN EXPIRtS QGT. 2, 2895 A.D.. 2004 (\ , . -/ C . Q],^ f) .~ \ "^~itÀ-/ ~ Sworn and subscribed before me this 16th day of November. A.D., 2004 BOROUGH OF CARTERET Ordinance # 04-31 An Ordinance to Autho- rize the Acquisition andlor Condemnation of Real Property within the Carteret Landfill Recla- mation Improvement District ~~~~~~~r a:;,d 2~~o¡ted: Introduced: October 28, 2004 Advertised as adopted on first reading with no- tice of Public Hearing" November 2, 2004 ~~~~i~~~/~: 2004 ~t;~rVö~~~i J. Reiman Advertised as fina1ly adopted: November 15, 2004 Kathleen M. Barney, Municipal Clerk ($13.20) 27112 J-': \ \ ".,/ . . ," '"..\' 19 ~> No. 04-32 <IDràinant~ of tq~ lßornugq of QIart~rd, ~. JJ. AUTHORIZING THE ACQUISITION BY PURCHASE OF UNIMPROVED PROPERTY KNOWN AS BLOCK 134, LOT 1 & BLOCK 135, LOT 1.01 LOCATED ON BEVERLY STREET, CARTERET, NEW JERSEY, FOR THE PURPOSE OF THE HILL DISTRICT STORM WATER MANAGEMENT/DRAINAGE PROJECT WHEREAS, Block 134, Lot I, and Block 135, Lot 1.01 on the Tax Map of the Borough ofCarteret located on Beverly Street, Carteret, New Jersey, is currently in private ownership; and WHEREAS, the above described real property is needed for use as part of the Hill District Storm Water Management /Drainage Project and for other municipal purposes; and WHEREAS, acquisition of the real property for said purposes is for a public use; and WHEREAS, pursuant to the Local Lands and Buildings Law, N.J.S.A. 40 A;12-5, a municipality may acquire private property by purchase pursuant to a duly adopted ordinance providing for the same. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Carteret; I I 1. The premises designated as Block 34 Lot I and Block 35 Lot 1.01 on the Tax Map of the Borough of Carteret is needed for use as part of the Hill District Storm Water Management/Drainage Project and for other municipal purposes. 2. The Mayor and Borough Clerk and such other officers as may be necessary are authorized and directed to undertake any actions and execute any documents necessary or appropriate to acquire said property by purchase at a cost not to exceed, four hundred and fifty thousand dollars, ($450,000.00). 3. All ordinances or part of ordinances inconsistent herewith are hereby repealed and this ordinance shall take effect upon publication as provided by law. DO NOT USE SPACE BELOW THIS UNE COUNCILMAN KRUM NAPLES PARISI RECORD OF COUNCIL VOTE YES NO NV A.B. COUNCILMAN YES NO NV A.B. x RIOS SITARZ SOSNOWSKI x x x x - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto Adopted on first reading of the Council of the Borough ofCarteret, N.J., on October 28. 2004 Adopted on second reading after hearing on vember 9 2004 ;{ ON Affidavit of Publication Publisher's Fee $47.52 Affidavit Charge $20.00 State of New Jersey} 55. MIDDLESEX COUNTY Personally appeared MARIAN BUTLER of the Home News Tribune, a newspaper printed In Freehold, NJ and published 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 lONE) times, once In each Issue, as follows 11/02/04. BOROUGH OF CARTERET ORDINANCE #04-32 AUTHORIZING THE AC- QUISITION BY PUR- CHASE OF UNIM- PROVED PROPERTY KNOWN AS BLOCK 134, t8i lot L'õ~<11~D 1&~ CA~'i-~~RELf: ~lER~EJÉR_ SEY, FOR THE PUR- POSE OF THE HILL DIS- TRICT STORM WATER MANAGEMENT/DRAIN- AGE PROJECT WHEREAS, Block 134, Lot 1 and Block 135, Lot l.Òl on the Tax Map of the Borough of Car- teret located on Beverly Street, Carteret, New Jersey, is currently In private ownership; and WHEREAS, the above de- scribed real property IS needed for use as part of the Hill District Storm Water Management! Drainage Project and for other municipal purpos- es; and WHEREAS, acquisition of the real property for said purposes is for a public use; and WHEREAS, pursuant to the local lands and Buildings law N.J.S.A. 40 A:12-5, a municipality may acquire private property by purchase pursuant to a duly adopted ordinance pro- ~gi~ +H'"E~hEeFÒRE~-BE IT RESÒLVEDby the Mayor and Council of the Bor- oUf.\h~ ~~~~~~~~ desig- nated as Block 34 Lot 1 and Block 35 Lot 1.01 on the Tax Map of the Bor- ough of Carteret is need- ed for use as part of the Hill District Storm Water Management/Drainage Project and for other m2.n~~~a~~r¿ro~~~ Bor- ough Clerk and such oth- er officers as may be necessary are autho- rized and directed to un- dertake any actions and execute any documents necessary or appropriate A.D.. 2004 r""'\ C\ ,,'( ," , ...;\ éL~'D.... ~ Sworn and subscribed before me this 2nd day of November. A.D., 2004 to acquire said property by purchase at a cost not to exceed, four hun- ~~il~r:,n~$li¿~,O~ÖÒ).nd 3. All ordinances or part of ordinances incon- sistent herewith are hereby repealed and this ordinance shall take ef- fect upon publication as provided by law. na:~~ ...J~;~~t~~Juc~dd~t a meeting of the Council of the Borough of Car- teret held October 28, 2004 when it was adopt- ed on first Reading. The said ordinance will be further considered on Second Reading for final :~t~rg~Zna¿ila of~h~n~o~~ ough of Carteret on No- v~~x~~ aièl 20?:'btt P~~~ ¡;;'unicipal ~ourt/Police Facility, 230 Roosevelt Avenue Carteret, New Jersey àt which time and place all persons inter- ested will be ~iven an op- ~j~~~E~O M~ ~Ã~r~ÈY, Certified Municipal Clerk ($47.52) 30133 Affidavit of Publication Publisher's Fee $14.96 _ 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 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 11/16104. PAfFllGIA W. jDWNSENfj Nô'fAR'( P~BLlf. OF NE',''' JERSr:Y M'( eOMMISSIÐN DWIRES BCT. 2, 2005 AD.2004 '-PH-lzu~ ;f2þi/fJß>.( Notary Public of New Jersey BOROUGH Of CARTEREr - Ordinance # 04-32 Authorizing the Acquisi· lion by Purchase of Un- improved Property known as Block 134, Lot 1 & Block 135, Lot 1.01 located on Beverly Street, Carterel, New ~:rt~~YHrWD~~i~u~g:: Water Management I Drainage Project Approved and Adopted: November 9, 2004 Introduced: October 28, 2004 Advertised 35 adopted ~~efi~ìt rf~~I~nÄe~:}~g~O- November 2, 2004 ~~~~i~~~e~~: 2004 Approved By Mayor Daniel J. Reiman Advertised as finally adopted' November 15. 2004 Kathleen M. Barney, Municipal Clerk ($14.96) 48899 ~ , , r......., \ ()0~"v0;f;~'D,--, . :." sworn and subscribed before me this 16th day of November, A.D., 2004 '-'1~ ··-~h "-...,/ \ ~' :P LV' ---~ No. 04-33 @rùiuètttt.e ú£ ±4.e l@orúuøq of CŒètd.erd, ~. æ. 0uncilman Presents the following Ordinance Seconded by Councilman AN ORDINANCE TO AUTHORIZE THE ACQUISITION AND/OR CONDEMNATION OF REAL PROPERTY BY THE BOROUGH OF CARTERET WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-l et seq. as amended and supplemented ("Redevelopment Law"), provides a process for municipalities to participate in the redevelopment and improvement of areas in need of redevelopment, which process includes, if necessary, the power to acquire real property that is necessary to carry out and effectuate a redevelopment plan either by direct negotiation or hy condemnation pursuant to the Eminent Domain Act of 1971, NJ.S.A. 20:3-1 et seq. (the "Eminent Domain Act"). WHEREAS, the Borough has entered into a redevelopment agreement with Kaplan at Carteret, LLC ("Redeveloper") pursuant to which Redeveloper is obligated to carry out a redevelopment project in furtherance of the Redevelopment Plan, and the Borough has determincd that acquisition of certain property within the jurisdiction of the Redevelopment Plan will be necessary to facilitate the redevelopmcnt project and the Borough now wishes to authOlize such real property acquisition by this ordinance, as rcquired by the LLBL, the II Eminent Domain Act, and the Redevelopment Law. , WHEREAS, on February 6, 2003, the Borough of Carteret adopted Ordinance No. 03-02 through which the Lower Roosevelt Avenue Redevelopment Plan ("Redevelopment Plan") was adopted by the Borough and which Redevelopment Plan identifies properties that should be acquired, if need be, to effectuate the purposes of the Redevelopment Plan, acquisition for said purposes having been recognized at law to be for a public purposes or for a public use. n II WHEREAS, section 40A: 12-5(a)(1) of the Local Lands and Buildings Law, N.J.S.A. , 40A12-1 et seq. ("LLBL"), also empowers municipalities to acquire real property by direct II negotiation or by condemnation, however, in the case of a municipality, such acquisition must II be authorized by duly adopted ordinance. I[ II II NOW THEREFORE, BE IT ORDAINED, by the Mayor and Council of the Borough of Carteret, as follows: -II SECTION 1. [I I[ ,I The acquisition of Block 243, Lot 4 as shown on the Official Tax Map of the Borough of Carteret and commonly known as 92-94 Roosevelt Avenue by either (i) consummation of a purchase and sale contact which is the product of direct negotiations with the owner of such property or (ii) by condemnation of such property that is carried out pursuant to the Eminent Domain Act is hereby authorized and directed for the purposes of implementing the goals and objectives of the Redevelopment Plan and for such other municipal purposes as may be authorized by law. \. SECTION 2. The Borough's special redevelopment counsel, namely the finn of Windels Marx Lane & Mittendorf, LLP, or any attorney associated with such finn, and/or the Borough Attorney are hereby authorized and directed to perforn1 or carry out or cause to be perfonned or carried out, any studies, surveys, tests, soundings, borings, appraisals, title searches and title report reviews as reasonably necessary to detennine the value of any of the property, the location and quality of the property and any environmental matters associated with the property and to undertake any action necessary or appropriate to acquire the aforementioned real property. -I' I I I I I II I I I II I I II II II II I, II II II II II II II Ii II II II II II I I I I I I Ii II II II - II II II II I I II NO 'I II II 'I 04-33 PAGE 2 of 2 SECTION 3. The firm of Win de Is Marx Lane & Mittendorf, LLP, or any attorney associated with such firn1 and/or the Borough Attorney are authorized to negotiate with the owner of the property and to file and pursue any condemnation action, as necessary. SECTION 4. The Mayor and Borough Clerk and such other officers as may be necessary are hereby authorized to undertake any actions and execute and deliver any paper, form, or document necessary or appropriate to acquire said property by either of the methods set forth in Section I of this ordinance. SECTION 5. All ordinances and/or parts of ordinances inconsistent herewith are repealed to the extent of any such inconsistency. SECTION 6. This ordinance shall take effect upon publication as provided by law. DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. x RIOS x NAPLES x SITARZ x PARISI x SOSNOWSKI x x . Indicate Vote AB - Absent NY· Not Voting XOR. Indicates Vote [0 Overrule Veto cp 28, 20 4 Adopted on first reading of the Council of the Borough ofCarteret. N.J.. on Adopted on second reading after hearing on N October ON ';Lé12 I, MUNICIPAL CLER Affidavit of Publication Publisher's Fee $101.20 Affidavit Charge $20.00 ,- State of New Jersey} 55. MIDDLESEX COUNTY Personally appeared MARIAN BUTLER of the Home News Tribune, a newspaper printed In Freehold, NJ and published 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 11/02/04. A.D.. 2004 \ ~. .~-K? '- ~ G\~^ 0'\ Sworn and subscribed before me this 2nd day of November, A.D., 2004 BOROUGH OF CARTERET andlor the Borough Attorney are hereby autho- rized and directed to perform or carry out or cause to be performed or carried out, any studies, sur- veys, tests, soundings, borings. appraisals, title searches and title report reviews as reasonably necessary to determine the value of any of the property, the location and quality of the property and any environmental matters associated with the property and to undertake any action necessary or appropriate to acquire the aforementioned real ~~ëTígN 3. The firm 01 Windels Marx Lane & Mittendorf, LLP, or any attorney assocfated with such firm and/or the Borough Attorney are authorized to negotiate with the owner of the property and to file and ~Eð¥rON~.condemnation action, as necessary. The Mayor and Borough Clerk and such other officers as may be necessary are hereby authorized to undertake any actions and execute and deliver ~~i~t~a~~r 'a~o;~r'e o~a~dc~~~~~t~e'b~ss:i~h:rr ~f~rho~ methods set forth in Section 1 of this ordinance. SECTION 5. AIt ordinances and/or parts of ordinances inconsis- tent herewith are repealed to the extent of any SËc~Ti,rgt¡n6.lstency This ordinance shall take effect upon publication as provided by law The foregoing ordinance was introduced at a meeting of the Councit of the Borough of Carteret held October 28, 2004 when it was adopted on First Reading. The said ordinance wilt be further considered on Second Reading for final adoption at a meeting of said Council of the Borough of Carter- et on November 9, 2004 at approxfmately 7:00 P.M., Municipal Court/Polfce Facflity, 230 Roosevelt Avenue. Carteret, New Jersey at whfch time and place alt persons interesetd wilt be given an oppor- kUat~le~~ ~. ~~a:"de Certified Municipa( Clerk ($101.20) 24788 ORDINANCE #04-33 AN ORDINANCE TO AUTHORIZE THE ACQUISITION AND/OR CONDEMNATION OF REAL PROPERTY BY THE BOROUGH OF CARTERET ~~~R~f~À.th4eOÃ~lc2aÀ_~e:v:~0~ma~n~~"e~d~~U~~å supplemented ("Redevelopmen1 Law"), provides a process for munfcfpalities to particfpate in the re- development and improvement of areas in need of redevelopment, which process indudes, if neces- sary, the power to acquire real property that is necessary to carry out and effectuate a redevelop- ment pI_an either by direct negotiation or by con- demnation pursuant to the Eminent Domain Act of 1971, N.J.SA 20:3-1 et seq. (the "Eminent Domain Act"). WHEREAS, on February 6, 2003, the Borough of Carteret adopted Ordinance No. 03-02 through which the Lower Roosevelt Avenue Redevelopment Plan ("Redevelopment Plan") was adopted by the Borough and which Redevelopment Plan identifies properties that should be acquired, if need be, to effectuate the purposes of the Redevelopment Plan, acquisition for said purposes having been recognized at law to be for a public purpose or for a public use WHEREAS, section 40A:12-5(a)(l) of the Local Lands and Buildings Law, N.J.SA 40A:12-1 et seq. ("LLBL ") also empowers municfpalities to acquire real property by direct negotiation or by condem- nation, however, in the case of a municipality, such acquisition must be authorized by duly adopted ordinance WHEREAS, the Borough has entered into a rede- velopment agreement with Kaplan at Carteret, LLC ("Redeveloper") pursuant to which Redeveloper is obligated to carry out a redevelopment project in furtherance of the Redevelopment Plan, and the Borough has determined that acquisition of certain property within the jurisdiction of the Redevelop- ment Plan wilt, be necessary to facilitate the rede- velopment prOlect and the Borough now wishes to authorize such real property acquisition by_ this ordin~nce, as required by the LLBL. the Eminent Domain Act, and the Redevelopment Law. NOW THEREFORE, BE IT ORDAINED, by the May- or and Council of the Borough of Carteret, as follows SECTION 1, The acquisition of Block 243. Lot 4 as shown on the Offfcial Tax Map of the Borough of Carteret and commonly known as 92-94 Roosevelt Avenue by either (I) consummation of a purchase and sale contact which IS the product of direct negotiations with the owner of such property or (It) by condem- nation of such property that IS carried out pursuant to the Eminent Domain Act IS hereby authorized and directed for the purposes of Implementing the goals and objectives of the Redevelopment Plan and for such other municIpal purposes as may be authorized by law. SECTION 2. ~~~e~yOf;:~ri~~ o~PW?~d~l~eJ::xeLo~~&n~ift~~d~~~: LLP. or any attorney associated with such firm, Affidavit of Publication Publisher's Fee $12.32 State of New Jersey} 55. Affidavit Charge $20.00 - MIDDLESEX COUNTY Personally appeared MARIAN BUTLER of the Home News Tribune. a newspaper printed In Freehold, NJ and published 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 lONE) times, once In each Issue, as follows 11/16104. PATRICIA \AI. ':Q\.^!NSENÐ NOTARY PIIRIIr. nç NEw JH¡Sf¥ MY COMMISSION EXPIRFf; nr.r 2, 200S AD.. 2004 r .' \1 \ (\)\(~l (~ ~ \ .~~'---' ~~hj f, ¿¡;þJ'{).l-l .[ Notary Pu lie of New Jersey Sworn and subscribed before me this 16th day of November, A.D., 2004 BOROUGH OF CARTERET - Ordinance # 04·33 An Ordinance to Autho- rize the Acquisition and/or Condemnation of Real Property by the Borough of Carteret ~~~~~~~r "'g,d lÒ~o¡ted; Introduced: October 28. 2004 Advertised as adopted on first reading with no- tice of Public Hearing" November 2, 2004 ~~~~i~'t~e~~: 2004 tf~:~vD~n~~i J. Reiman Advertised as finally adopted: November 15, 2004 Kathleen M. Barney, Municipal Clerk ($12.32) 26690 /~ - ,~ No. 04 14 ®r b-t1tèutt.e ú£ ±q.e âiorúu£q ú£ é!Iètd.er.et1 ~ ~ ] ~ ~ounci¡man Presents the following Ordinance Seconded by Councilman AUTHORIZING THE ACQUISITION AND/OR CONDEMNATION OF CERTAIN REAL PROPERTY LOCATED IN THE BOROUGH OF CARTERET FOR THE HILL DISTRICT STORM WATER MANAGEMENT/DRAINAGE PROJECT WHEREAS, certain real properties identified in Exhibit A, attached hereto and made a part hereof, are currently in private ownership; and WHEREAS, drainage and drainage facility easements upon, or fee simple interest to if necessary, the referenced properties are needed for storm water drainage purposes as part of the HiIJ District Storm Water Management/ Drainage Improvements Project; and WHEREAS, the acquisition of said properties for the above purposes is for a public use; and WHEREAS, pursuant to the Eminent Domain Act, N.J.S.A. 20: 3-1, et seq., a municipality may acquire private property for a public use. NOW THEREFORE, BE IT ORDAINED, by the Mayor and Council of the Borough of Carteret, as follows: SECTION 1. The acquisition of drainage and drainage facility easements upon, or fee simple interest to if necessary, any and all of the real properties identified in Exhibit "A" by either (i) consummation of a purchase and sale contact which is the product of direct negotiations with the owner of such property or (ii) by condenmation of such property that is carried out pursuant to the Eminent Domain Act is hereby authorized and directed for the purposes of implementing the Hill District Storm Water Management/Drainage Project and for such other municipal purposes as may be authorized by Jaw. SECTION 2. The Borough Attorney is hereby authorized and directed to perform or carry out or cause to be performed or carried out, any studies, surveys, tests, soundings, borings, appraisals, title searches and title report reviews as reasonably necessary to determine the value of any of the property, the location and quality of the property and any environmental matters associated with the property and to undertake any action necessary or appropriate to acquire the respective interests to the aforementioned real property. \ SECTION 3. The Borough Attorney is hereby authorized to negotiate with the owner of the property and to file and pursue any condemnation action, as necessary. NO 04-34 PAGE 2 of 2 SECTION 4. The Mayor and Borough Clerk and such other ofjjcers as may be-necessary are hereby authorized to undeI1ake any actions and. execute and deliver any paper, fonn, or document necessary or appropriate to acquire said property by either of the methods set forth in Section 1 of this ordinance. SECTION 5. All ordinances and/or parts of ordinances inconsistent herewith are repealed to the extent of any such inconsistency. SECTION 6. This ordinance shall take effect upon publication as provided by law. DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. KRUM x RIOS x NAPLES x SITARZ x PARISI x SOSNOWSKI x x . Indica[~ VO!~ AB - Abs~n! NV . Not Voting XOR . rndicates VOtc to Ovcrrule Vcto Adopted on first reading of the Council of the Borough ofCarteret, N.J" or. Adopted on second reading after hearing on Oc~nhpr 28, 2004 APPROVED ON ~ ". EXHIBIT "A" BLOCK 9.02 9.02 113 113 113 LOT 15.01 24 1.03 8 9 .. \ .. \ Affidavit of Publication Publisher's Fee $75.68 Affidavit Charge $20.00 State of New Jersey} 55. MIDDLESEX COUNTY personally appeared MARIAN BUTLER of the Home News Tribune, a newspaper printed In Freehold, NJ and published 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 lONE) times, once In each Issue, as follows 11102/0_. PkTRIGIA ·iv'. l'GWNSENB NOTARY PUBLIC NEW JERSEY MY Cm.~MISSLxoI .F.S OCT. 2, 2005 c' AD.. 200_ Î\ \ '" . '" ·v c ..____ ~. l\')'0..fl cv....I \M \f./V Sworn and subscribed before me this 2nd day of November, A.D., 2004 BOROUGH OF CARTERET a meeting of said Council of the Borough of Carter- et on November 9, 2004 at approximately 7:00 P.M., Municipal Court/Police Facility, 230 Roosevelt Avenue, Carteret, New Jersey at which time and place all persons interested wIll be given an oppor- ~+~èËE~e ~:EI~RNEY, Certified Municipal.&~~~IT "A" BLOCK LOT 9.02 15.01 9.02 24 113 1.03 113 8 113 9 ORDINANCE #04-34 AUTHORIZING THE ACQUISITION AND/OR CONDEMNATION OF CERTAIN REAL PROP- ERTY LOCATED IN THE BOROUGH OF CAR- TERET FOR THE HILL DISTRICT STORM WA- TER MANAGEMENT/DRAINAGE PROJECT WHEREAS, certain real properties identified in Ex- hibit A, attached hereto and made a part hereof, are currently in private ownership: and WHEREAS, drainage and dram age facility ease- ments upon, or fee simple interest to If necessary, the referenced properties are needed for storm water drainage purposes as part of the Hill District Storm Water Management/Drainage Improvements ~H~Iit~ÅS~ the acquisition of said properties for the above purposes is for a public use; and WHEREAS, pursuant to the Eminent Domain Act. N.J.SA 20:3-1, et seq., a municipality may acquire private proyerty for a public use. NOW THEREFORE, BE IT ORDAINED, by the May- or and Council of the Borough of Carteret, as follows: SECTION 1. The acquisition of drainage and drain- age facility easements upon. or fee simple interest Jge~ti~i~dei~sÊ~'t';i~ry,:.~g/~ith~rt~i) ~~~~J>~0,ft~~i~f a purchase and sale contact which is the product of direct negotiations with the owner of such property or (ii) by condemnation of such property that is carried out pursuant to the Eminent Domain Act is hereby authorized and directed for the purposes of implementing the Hill District Storm Water Man- agement/Drainage Project and for such other mu- nicipal purposes as may be authorized by law. SECTION 2.. The Borough Attorney is hereby autho- rized and directed to perform or carry out or cause to be performed or carried out, any studies. sur- veys. tests. soundmgs. borin~s, appraisals, title searches and title report reViews as reasonably necessary to determine the value of any of the ~~I~r:~~ ~~~t~ol~~a;~~~1 ~~tt¿~:!~Ys~~i~reed ~i1~e{~~ property and to undertake any action necessary or appropriate to acquire the respective interests to the aforementioned real property. SECTION 3. The Borough Attorney is hereby autho- rized to negotiate with the owner of the property and to file and pursue any condemnation action, as ~i?ëTìôÑ' 4. The Mayor and Borough Clerk and such other officers as are hereby authorized to undertake any actIOns and. execute and deliver any paper. form, or document necessary or appropriate to acquire said property by either of the methods set forth in Section 1 of this ordinance SECTION 5. AU ordinances and/or parts of ordi- nances inconsistent herewith are repealed to the extent of any such inconsistency. SECTION 6. This ordinance shaH take effect upon publication as provided by law. The foregoing ordinance was introduced at a meeting of the Council of the Borough of Carteret held October 28, 2004 when it was adopted on First. Readmg. The said ordmance will be further considered on Second Reading for final adoption at ($75.68) 50148 ~ ~araug4 ~(illarfEr:ef ~ ¡- MIDDLESEX COUNTY ,Nefu 2J ern)! OFFICE OF KATHLEEN M. BARNEY. RMC/CMC MUNICIPAL CLERK TEL (732) 541-3800 FA,X (732) 541-8925 61 COOKE AVENUE CARTERET, NEW JERSEY 07008 MEETING NOTICE PLEASE TAKE NOTICE that the Mayor and Council of the Borough of Carteret shall hold a SPECIAL MEETING, MONDAY, NOVEMBER 15, 2004, 6:00 P.M., BOROUGH HALL/CONFERENCE ROOM, 3rd FLOOR, 61 Cooke Avenue, Carteret, New Jersey, for purposes of going into a Closed Session and any other business that may come before the CounciL Formal Action May Be Taken. KATHLEEN M. BARNEY Municipal Clerk DATE: November 8. 2004 KMB/lr Cc: Mayor and Council Borough Attorney Borough Auditor Borough Treasurer The Home News Tribune The Star Ledger - '," < t"MUVI::>IUNAL. DAL.L.U I MUL.t:::> > -_.~q > ,>lER WHO HAS MOVED: 19:31-11 l ,"'1. If a voter has <FAILSAFE VOTER> printed by their name in the Poll Book you must ask the voter if he ./ or she still lives at the address listed in the Poll Book: A. If the voter says that he or she still lives at the address or if they still live in the same district, the voter must complete an Affirmation of Residency (Form C-7) before being allowed to vote on the voting machine. B, If they no longer live at that address send them to the district where they reside, 2. If they have NOT moved: The voter must complete an Affirmation of Residency (Form C-7, included in your supplies) before being allowed to vote, 3, If a voter arrives at your Polling Place and says he/she has moved into your district and his/her name is not in the Poll Book: A. Ask the voter if he/she is registered to vote anywhere in Middlesex County, If the voter is not registered he/she should be instructed to call the Board of Elections for further instructions (732) 745-3471. B. Search for the voter's registration in the Poll Book, If the name is in the Poll Book the voter will vote in the normal manner on the voting machine. C. If the voter's name is not in the Poll Book, check the District Map at your Polling Place to determine if the voter lives in your district If you are not able to determine from the map, call your Municipal Clerk for the correct district for this voter. D. If the voter lives in another district use your Polling Place list to direct the voter to the correct Polling Place. E. If the voter resides in your district and states that he/she is a registered voter in Middlesex County you should issue the voter a Provisional Ballot, following the procedure listed below. 4, The <Failsafe Voter> indicator next to a voters name is not grounds for a challenge. Any voter however, could be subject to a challenge that he or she is not qualified to vote. The qualifications are citizenship, age, residence, and not criminally disqualified. A voter who does not reside in the district should simply be sent to vote in the district where he or she lives. 5, A Failsafe Voter using a Provisional Ballot is not required to Present LD. 6. If a voter comes to vote and indicates that they have moved and their registration does not indicate <Failsafe Voter>, this voter should be processed in the same manner as a <Failsafe Voter>. 7. The voter also votes using the Provisional Ballot if the voter's name or signature has been inadvertently left out of the poll book. 8, If they have moved outside of the County: A. If the voter has moved less than 29 days before the election, the voter MAY vote at the old Polling place, Before voting, the voter must complete an Affirmation of Residency (salmon colored form C- 8), Return all forms with your supplies at the close of the polls. B, If the voter has moved more than 29 days before the election, the voter MAY NOT vote, 9, The voter may appeal any decision to the office of the Commissioner of Registration at the Board of Elections and then appear before a Superior Court Judge, in New Brunswick. 11 --- -- ---- Affidavit of Publication Publisher's Fee $13.64 State of New Jersey} 55. MIDDLESEX COUNTY Affidavit Charge $20.00 - Personally appeared MARIAN BUTLER of the Home News Tribune, a newspaper printed In Freehold, NJ and published 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 11/16104. PATRICIA W. TOWNSEND NOTARY PUBLIC OF NEW JERSEY MY COMMISSIUN I:XPIH!:S UC :, :¿, zuu:, AD ,2004 - \\ . -'" . ( \ \ (LS-~~ ~-tÇh_ sworn and subscribed before me this 16th day of November, A.D., 2004 ~!}¡CA :f)jx0OY.) Notary Pub ic of New Jersey . BOROUGH OF CARTERET - Ordinance # 04·34 Authorizing the Acquisi- tion and/or Condemna- tion of Certain Real prope~ located in the ~ho:o~ftl 8~sf,~~er;tto~: Water Management I Drainage Project Approved and Adopted: November 9, 2004 Introduced October 28. 2004 Advertised as adopted ?í~efi~ft pue~?dn~e~~}~g~O- November 2, 2004 ~~~~i~~~e~~: 2004 ~t;~/ßda~~i J. Reiman Advertised as finally adopted. November IS, 2004 Kathleen M. Barney, MuniCiral Clerk ($13.64 26803 I:· '. .,,\'< /"!) "\ '\ 1J -_..- TÎ ------- No. 04-3S <IDràinant~ of tq~ lßorougq of QIart~rd, ~ + W. Councilman Presents the following Ordinance Seconded by Councilman ORDINANCE AMENDING CHAPTER 160 ENTITLED LAND DEVELOPMENT OF THE CODE OF THE BOROUGH OF CARTERET WHEREAS, the Carteret Planning Board (the "Planning Board') has recommended certain modifications to Chapter 160 of the Code of the Borough of Carteret, the Land Development Ordinance (the "Ordinance"); and WHEREAS, the Mayor and Council of the Borough of Carteret have reviewed the proposed modifications and determined them to be substantially appropriate. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Carteret that Chapter 160 Entitled Land Development of the Code of the Borough of Carteret be amended as follows: Section 1. § 160-129 entitled R-25 residential zone regulations is hereby amended and supplemented as follows 1. Subsection 160-l29A(2) "Two-family dwellings" is hereby deleted. 2. Subsection 169-129C is hereby amended and supplemented to add the following new paragraph: (2) Two- family dwellings: (a) Two-family dwellings must have a minimum lot area of 6,500 sq.ft. (b) Two-family dwellings must have a minimum lot width of 65 feet. (c) All legally eXIstmg two- family dwellings, and the expansion or enlargement of the same, provided said dwellings, as expanded or enlarged, strictly comply with all of the then existing bulk regulations set forth in Subsection D. Section 2 The Bulk Schedule of the development ordinance is hereby amended and supplemented as follows: I. The minimum front yard set back for the GB District is hereby amended to delete any reference to the number "3" set forth therein. 2. The text for footnote one (l) is hereby deleted in its entirety and replaced with the following: "Two-family dwellings conditional use see Section 160-129C" 3. Any reference to footnote five (5) with reference to the maximum height in the R-50 and R-25 Districts is hereby deleted in its entirety, including the text of said footnote. 4. All of the footnotes set forth in the bulk schedule shall be renumbered accordingly. NO. 04-35 PAGE 2 Section 3. All Ordinances and/or provisions thereof-inconsistent wit the provisions of this Ordinance shall be and are hereby repealed as to extent of any such inconsistencies. Section 4. If any section, subsection, 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 severable from the remainder of this Ordinance. Section 5. This Ordinance shall take effect upon passage and publication according to applicable law. DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. X RIOS X S X SITARZ X X SOSNOWSKI X x . Indicate Vote AB - Absent NV - Not Voting XOR . Indicates Vote to Overrule Veto Adopted on first reading of the Council of the Borough of Carteret. N.J.. on Adopted on second reading after hearing on ~mber 16, 2004 Nn.',,",""r 1 ') JOO4 APPROVED ON /.2,,1~~oV 7 V - MUNICIPAL CL K Affidavit of Publication Publisher's Fee $75.68 Affidavit Charge $20.00 State of New Jersey} 55. MIDDLESEX COUNTY personally appeared MARIAN BUTLER of the Home News Tribune, a newspaper printed In Freehold, NJ and published 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 12/06/04. PAl'RICIA'vV.mWNSEN5 NO'Ff.RY f'~8L1r or 'JEW JERSEY MY CºMM!S~ln~1 FynlRŒ OCT. 2, 2895 A.D., 2004 \ \\\ ~h_' Sworn and subscribed before me this 6th day of December, A.D., 2004 --< _ c (-- ._--,.:.,~ \~ 'N0-·'...h,j,-/ \ .... ~Jt-L~ /tllU(JA/4- Notary Public of New Jersey I BOROUGH OF CARTERET Fa,:.sage and publication acçording to appli The foregoing ordinance was introduced at mg of the CouncIl of the Borough of Carte e November 15, 2004 when it was adopted Reading. The said ordinance will be furthe ered on Second Reading for final adop on at a ~netg~~~~~~~i16~~'8òcl ~: ~~~r~~r~~f~,yO a tp.~.~ Mun¡cipal Court/Police Facility. 230 Roos Ave- nue, Carteret. New Jersey at which time 11 lace all persons interested will be given an op -rto.nity to be heard. KATHLEEN M. BARNEY Certified Municipal Clerk ($75.68) 28769 ORDINANCE #04·35 ORDINANCE AMENDING CHAPTER 160 ENTITLED LAND DEVELOPMENT OF THE CODE OF THE BOROUGH OF CARTERET WHEREAS, the Carteret Planning Board (the "Plan- ning Board") has recommended certain modifica- tions to Chapter 160 of the Code of the Borough of Carteret, the land Development Ordinance (the "Ordinance"); and WHEREAS, the Mayor and Council of the Borough of Carteret have reviewed the proposed modifica- tions and determined them to be substantially ~cfý/'Pf~~eREFORE, BE IT ORDAINED by the May- Chaapt~r Cf6Öci~nWtl~~e l~~~ou~~ve1~p~a;~re¿f tn~~ Code of the Borough of Carteret be amended as follows. Section 1. §l60-129 entitled R-25 residential zone regulations IS hereby amended and supple- mented as follows 1. Subsection 160-129A(2) "Two-family dwell- ings" is hereby deleted 2. ~~~ss~~t~ïenm~~¡e-J ~~Ca~d ~h;ef~{¡o~~~n~:~ paragraph: (2) Two-family dwellin~s: (a) Two~fam¡ly dwellings must have a mini- mum lot area of 6,500 sq. ft. (b) ~:~fÎ~i~i~~e~~nf5 ~~it have a mini- (c) ~~l~~y e~~i:~i~~ntwo~-f:~~{g~~~I~rg~¡ the same, provided said dwellings. as expanded or enlarged, strictly comply with all of the then existing bulk regula- tions set forth in Subsection D Section 2. The Bulk Schedule of the development ordinance is hereby amended and supplemented as follows: 1. The minimum front yard set back for the GB District is hereby amended to delete any reference to the number "3" set forth therein. 2. The text for footnote one (I) is hereby deleted in its entirety and replaced with ~ro~~ïl~~'ZI~~~ '~:~f¡~~li!?'O~I~~gr;,gS condi- 3. Any reference to footnote five (5) with R~~eÓe~~d ~~2~hDi~r~~~~~~h~re~~~tdi~le~~~ in its entirety, including the text of said footnote 4. All of the footnotes set forth in the bulk schedule shall be renumbered accordingly Section 3. All Ordinances and/or provisions thereof inconsistent with the provisions of this Ordinance shall be and are hereby repealed as to extent of any such inconsistencies Section 4. If any section, subsection. 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 severable from the remainder of this Ordinance Section 5. This Ordinance shall take effect upon .c, \' ':,,-:'.': '~Ø/'\ <./ " . --..L.C- Camille Fernicola H. ,lames Polos J \. Pulomena C, !pher D. Ratano B:_~,quita B. Valenti Freeholders COUNTY OF MIDDLE~/ DEPARTMENT OF PLANNING Environmental, Parks and Comprehensive Planning Division 40 Livingston Avenue New Brunswick, New Jersey 08901 732-745-3016 Fax 732-74§ã~gJrt 13, 2005 PLANNING BOARD ..~:;: omas F. Boylan III. Chairman ry L. Miller. Vice Chairman hy K. Power, Secretary I\:\~S St'ver D. Cahn. Esq.. Counsel '1) Freehblder Camille Fernicola, Chairwoman. Department at Engineering & Planning BOARD OF CHOSEN FREEHOLDERS David B. Crabiel. Freeholder Director Stephen J. "PeIe" Dalina, Deputy Director George M. Ververides, PP. AICP Director of County Planning 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: Ordinance Description L 04-35 Amends criteria for two-family dwellings in the R-25 Zone 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, CAO: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, CAO:55D-13, as amended. Thank you for submitting your document to the County Planning Department. Sincerely, t/)atiw~ ?F Þ_~~¡;{lþ)J Matthew Flannery Supervising Planner MF:lak c: George M. Ververides, Director of County Planning ¡/ff'~--5- rfl'lt 7t! <.r4b-,-fÞ-J· . ) I cJ , -"-r--? ",,\-¡-- ."' ,'; ",;jJ \'\ '"' Affidavit of Publication Publisher's Fee $12.76 Affidavit Charge $20.00 State of New Jersey} 55. MIDDLESEX COUNTY Personally appeared MARIAN BUTLER of the Home News Tribune, a newspaper printed In Freehold, NJ and published 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 1102105. e/;T~í(: ';. \y T:-;',',IE:-·.;~J !\¡) ¡ !-\.~. "~J'-','" "~:<:_:, i AD ,2005 \ -~--- '" r \\\ ' ~. \ ' ð ,~. \ G...."~."-/,, -.:' . ....... \ .-j' Sworn and subscribed before me this 2nd day of January, A.D., 2005 " --!tffl'¡ Á ~ -< ~ <711 fýJLI I Notary Public of New Jersey fl, ,0 ð\;:- BOROUGH OF CARTERET ~ " 2\)\)5 ", ORDINANCE #04-35 ORDINANCE AMEND- ING CHAPTER 160 ENTITLED LAND DE- VELOPMENT OF THE CODE OF THE BOR- OUGH OF CARTERET APPROVED AND ADOPT- ED: December 16, 2004 INTRODUCED: Novem- ber 15. 2004 Advertised as adopted on first reading with no- tice of Public hearing: December 6, 2004 ~:~~~te~e~d~, 2004 ~~~íELeJd R~I'f..iA~AYOR Advertised as final~ ~gg~ted: January , KATHLEEN M. BARNEY MUNICIPAL CLERK ($12.76) 8058 ~/ OOrÙtmtl1t£ of ±4£ ~arau£4 af ([nr±£r£Í1 ~ - 3J- " No. 04-36 Councilman Presents the following Ordina~ce Seconded by Councilman AN ORDINANCE TO AMEND ORDINANCE #71-9 ESTABLISHING SALARY SCHEDULES AND FIXING THE MANNER OF PAYMENTS OF SALARIES FOR VARIOUS OFFICIALS AND EMPLOYEES OF HIE BOROUGH OF CARTERET BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF CARTEREl IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY, AS FOLLOWS: SECTION 1. That the following Amendment of the above-entitled Ordinance be made in Section 1: Title Administration Administrative Assistant 1st Step 2nd Step 3'd Step 4th Step 5lh Step 6th Step 7'h Step Municipal Judge Borough Attomey Prosecutor 1 Prosecutor 2 Public Defender Garage Supervisor (per hour) Street Cleaning Supervisor (per hour) Sewage Supervisor (per hour) Parks Supervisor (per hour) St & Roads Superintendent with License Superintendent of Parks Municipal Recycling Coordinator Municipal Clerk Construction/Zoning Official Police Chief Deputy Police Chief Chief Finance Officer/Tax Collector Battalion Chief Court Administrator Executive Director of Office on Aging Confidential Assistant 1st Step 2nd Step 3'd Step 4th Step 5th Step 6lh Step 7th Step 8th Step 9th Step II Effective Dates 1/1/05 36,950 39,123 41,297 43,470 45,644 47,470 49,369 36,148 39,000 10,941 16,194 2,622 26.79 26.79 26.79 26.79 76,878 69,461 44,834 82,409 98,627 101,766 97,481 94,441 85,860 62,983 49,116 28,783 30,383 31,914 32,482 33,237 34,400 38,181 39,648 41,117 ----- ~,10. . 04-36 PAGE 2 I II Title Secretary Board/Commission 1st Step 2nd Step 3'd Step 4th Step 5th Step 6'h Step 7th Step Effective Dates 1/1/05 29,705 30,766 31,827 32,888 33,949 35,137 36,542 Handicap Recreation Leader Office of Disabled-Secretary Deputy Municipal Department Head 6,250 6,250 41,600 Salary Range Director of Municipal Engineering OEM Coordinator - range Security guard/Special (per hour) 87,763-129,063 $5,000-17,500 $8.00-$20.00 -,-' SECTION 2. That the Schedule of Compensation of this Ordinance shall take effect upon passage and publication as provlGeél by Law. DO NOT USE SPACE BELOW TH1S LINE COUNCILMAN YES KRUM X NAPLES X PARISI X RECORD OF COUNCIL VOTE NO NV A.B. COUNCILMAN YES NO NV A.B. RIOS X :ARZ X KI X x - Indicate Vote AB . Absent NY - Not Voting XOR - Indicates Vote to Overrule Veto '\dopted on firs! reading of ¡he Council of the Borough of Carteret, N.J., on -p, opted on second reading aAer hearing on December 16, 2004 November 23, 2004 .. h~~, MUN ClPAL LERK, ___ B ' ON Affidavit of Publication Publisher's Fee $82.72 Affidavit Charge $20.00 State of New Jersey} 55. MIDDLESEX COUNTY personally appeared MARIAN BUTLER of the Home News Tribune. a newspaper printed In Freehold, NJ and published 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 11130104. PATRICIA W. TOWNSEND NOTARY PUBLlG OF NEW JERSEY MY COMMISSION EXPIRES OCT. 2, 2005 AD ,20011 -PJ:l/JJ ~J :f1¡¡rØ< L Notary Pûblic of New Jersey I \'\ . ..,-...., r "'\ -. ~~ \.\\?o~\" ',---, Sworn and subscribed before me this 30th day of November, A.D., 2004 BOROUGH Of CARTERET Deputy Muniçjpal Department Head.. 41,600 Sal·ry8~.~"6~~ 129,063 $5,000 - 17,500 Security guard/Special (per hour)__. $8.00 - $20.00 SECTION 2. That the Schedule of Compensation of this Ordinance shall take effect upon passage and publication as provided by Law. The foregoing ordinance was introduced at a meet- ing of the Council of the Borough of Carteret held November 23, 2004 when it was adopted on First 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 on December 16. 2004 at approximately 7:00 P.M.. Municipal Court/Police Facility, 230 Roosevelt Ave- nue, Carteret, New Jersey at whIch time and place all persons Interested will be given an opportunity to be heard. ~~~i~~E~u~icr~r~fe';k ($82.72) 1976 Director of Municipal Engineering.___ ORDINANCE #04-36 AN ORDINANCE TO AMEND ORDINANCE #71-9 ESTABLISHING SALARY SCHEDULES AND FIXING THE MANNER OF PAYMENTS OF SALARIES FOR VARIOUS OFFICIALS AND EMPLOYEES OF THE BOROUGH OF CARTERET BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF CARTERET IN THE COUNTY OF MIDDLESEX. STATE OF NEW JERSEY. AS FOllOWS: SECTION 1. That the following Amendment of the above-entitled Ordinance be made in Section 1 Effective Dates 1/1/05 OEM Coordinator - range._______n____ Tifte Administration Administrative Assistant 1st Step__ _.______..____m__.._____ 2nd Step.nm. .._____n_____________· 3rd Step___ 4th Step__ 5th Step__ 6th Step__ 7th Step___________.__n Municipal Judge___.m_._..__________...._____..____ Borough Attorney___..____.._m.._.____ Prosecutor 1__...._____.m____..____..._._ Prosecutor 2___m._____..____m..____ Public Defend er..m_.m__m____..m_.._.___.._____. Garage Supervisor (per hour)_.._____m._.. Street Cleaning Supervisor {per hour )______.._._m._____.m____m._____.._m_____.....___. Sewage Supervisor (per hour)__..m_____ Parks Supervisor (per hour).mn___..____. St 8. Roads Superintendent with licen se _____.___....__..__m.____n____m___.._____..___· Superintendent of Parks_____..__mn.._...__ ~ ~~:~i g:: êíeCr{=~i_~.~_..=~~~~~~_~.~~~~:.::~_~= Construction/Zoning Official.._____..__. Pol Ice Ch lef..____.n.__m_____m.____..____m.____._. g~Feftri~~~i;: gm~~r-if;x-cöïi~~t;;~.~ Battalion C hiefm__m.__.__..____m.___.____....__.._ Court Administratorm__._________m.___.m.____ Executive Director of Office on Aging ConfIdential Assistant ~~~ S~fe"p:::::==:=~-:_-~::==::=..=::::==::::::=:::::___~=~=~-__. ~8: ~~j ~~~ ;~~g::::::~::::~_-:=~ :'====:===:=--:::=:==:.~=:~=:=:: ~~:~ã~ 5th Step____ ___.._____.m____n_______.. 33.237 6th Step______..m_ 34,400 7th Step..m..________ 38,181 8th Step....__m ..m__m_____m.__.._...._______._____ 39,648 9th Step...._,,__n_____.__.._.mn.___m_____..___n.__.m 41,117 Effective Dates Title..................................... ................... ........1/1/05 Secretary Board/Commission 1st Step._..__..m___n__m.__....._m..m._____ 2nd Step 3rd Step.m.__ 4th Step.m 5th Step__ 6th Step_ __.m_.m..____m_ 7thStep..."""_m___m,,_-..m..mn-.--.--nnm-- Handicap Recreation leadern_ Office of Disabled-Secretary".. __.m_____n____.._..m___ 36,950 39,123 41,297 43,470 45,644 47,470 49,369 36.148 39.000 10,941 16,194 2,622 2679 n____..____m..______·_____ .___-.____.m____m.____ 26.79 26.79 26.79 ...~ " " 76.878 69,461 44,834 82,409 98,627 101,766 97,481 94,441 85,860 62,983 49,116 \,n \,,), zffiDJS>/ 29.705 30,766 31.827 32,888 33.949 35.137 36,542 6.250 6.250 Affidavit of Publication Publisher's Fee $15.40 Affidavit Charge $20.00 - State of New Jersey} 55. MIDDLESEX COUNTY Personally appeared MARIAN BUTLER of the Home News Tribune, a newspaper printed In Freehold, NJ and published 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 lONE) times, once In each Issue, as follows 12/23/04. 1~r,T¡~¡:,~1,:, ~N. -rC.\\\it:;LMJ Î\T¡ ;l-'d-¡ i' ¡-:,>:~L\;_ ~;: -"L'/; ,Jt,h:itY ,¡ ,~;¡_~.,(fj55 A.D., 2004 , \\\J\?~ii~ff~ sworn' and subscribed before me this 23rd day of December, A.D., 2004 -iJfi¿f,~Jü;ýl£< .{ Notary Public of New Jersey - BOROUGH OF CARTERET ORDINANCE # 04-36 AN ORDINANCE TO AMEND ORDI- NANCE #71-9 ESTAB- LISHING SALARY SCHEDULES AND FIX- ING THE MANNER OF PAYMENTS OF SALA- RIES FOR VARIOUS OF- FICIALS AND EMPLOY- EES OF THE BOROUGH OF CARTERET APPROVED AND ADOPTED: December 16, 2004 INTRODUCED: November 23, 2004 AdvertIsed as adopted f¡~e fi~~t PUebl~~ ntte'Z~!~g~O- November 30, 2004 ~:~~~~~e~d¿. 2004 Approved By: Mayor Daniel J. Reiman Advertised as finally adopted: December 23, 2004 Kathleen M. Barney, MUnieral Clerk ($15.40 30847 No. *04-'17 <IDràinant~ of tq~ lßorougq of QIart~ret, ~. W. Councilman Presents the following Ordinance Seconded by Councilman AN ORDINANCE TO AMEND ORDINANCE #84-6 ENTITLED "AN ORDINANCE ESTABLISHING A USER CHARGE SYSTEM IN THE BOROUGH OF CARTERET, COUNTY OF MIDDLESEX, STATE OF NEW JERSEY, TO PROVIDE FUNDS NEEDED TO PAY FOR ALL EXPENSES ASSOCIATED WITH THE BOROUGH'S SEWERAGE SYSTEM" BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE BOROUGH OF CARTERET AS FOLLOWS: ORDINANCE #84-6 ENTITLED, "An Ordinance Establishing a User Charge System in the Borough of Carteret, County of Middlesex, State of New Jersey to Provide Funds Needed to Pay for All Expenses Associated with the Borough's Sewerage System" as amended by Ordinances #85-50, #90-13, #95-2, #95-11, #02-01, and #03-18 is hereby amended as follows: ARTICLE II. SECTION 207-18-0 shall be amended as follows: Section 207-18-0. Each residential contributor unit shall have a minimum annual fee of$338.00. The residential contributor water consumption rate is $1.705 per 1,000 gallons in excess of 43,384 gallons annually. The residential contributor from garden apartments, project apartments and trailers shall pay a flat annual rate of $338.00. ARTICLE II. SECTION 207-19-B shall be amended as follows: For the amount in excess of these flows and strengths, user categories on the basis of the samples analyzed are as follows: Categorv 1. (CO!) Medical, retail stores and light industrial will be charged a minimum semi-annual fee for the first thirty-seven thousand five hundred (37,500) gallons of water (wastewater) and thereafter, a rate per one thousand (1,000) gallons in excess of thirty-seven thousand five hundred (37,500) gallons of water (wastewater). The minimum semi- annual fees and rates are as follows: Calendar Year 2005 2006 Minimum Fee (Semi-Annual) 420.00 440.00 Rate Per 1,000 Gallons in Excess of the Minimum 10.00 10.50 Categorv 2. (C02) Fraternal organizations, service organizations, public buildings, and offices will be charged a minimum semi -annual fee for the first thirty-seven thousand five hundred (37,500) gallons of water (wastewater) and thereafter, a rate per one thousand (1,000) gallons in excess of thirty-seven thousand five hundred (37,500) gallons of water (wastewater). The minimum semi-annual fees and rates are as follows: Calendar Year 2005 2006 Minimum Fee (Semi-Annual) 420.00 440.00 Rate Per 1,000 Gallons in Excess of the Minimum 10.30 10.80 NLi iQ4..~31_-- Category 3. Category 4. Category 5. Category 6. PAGE 2 of 3 (C03) Services and supermarkets will be charged a mimmum semi- annual fee for the first thirty-seven thousand five hundred (37,500) gal10ns of water (wastewater) and thereafter, a rate per one thousand (1,000) gal10ns in excess of thirty-seven thousand five hundred (37,500) gal10ns of water (wastewater). The minimum semi-annual fees and rates are as fol1ows: Calendar Year 2005 2006 Minimum Fee (Semi -Annual) 420.00 440.00 Rate Per 1,000 Gallons in Excess of the Minimum 10.90 11A5 (C04) Food Services will be charged a minimum semi-annual fee for the first thirty-seven thousand five hundred (37,500) gallons of water (wastewater) and thereafter, a rate per one thousand (1,000) gal10ns in excess of thirty-seven thousand five hundred (37,500) gal10ns of water (wastewater). The minimum semi-annual fees and rates are as fol1ows: Calendar Year 2005 2006 Minimum Fee (Semi-Annual) 420.00 440.00 Rate Per 1,000 Gal10ns in Excess of the Minimum 11.75 12.35 (C05) Industrial users shall be billed in addition to the flow charge in Article IV, Section 3 for Biochemical Oxygen Demand (BOD), Suspended Solids (SS) and Chlorine Demand (CLD) based upon samples of wastewater from the respective user. The rates per pound for each category is as follows: Calendar Year 2005 2006 BOD 0.251 0.264 SS 0.298 0.313 CLD 0.395 OA15 (C06) Residential dwel1ing units without kitchen facilities, such as hotels, mote1s and boarding houses, etc. shal1 have pay a flat annual rate of $300.00 per annum. Category 7 A (C07) Churches will be charged a minimum semi-annual fee for the first thirty-seven thousand five hundred (37,500) gal10ns of water (wastewater) and thereafter, a rate per one thousand (1,000) gallons in excess of thirty-seven thousand five hundred (37,500) gal10ns of water (wastewater). The minimum semi-annual fees and rates are as fol1ows: Minimum Calendar Year 2005 Rate Per Fee (Semi-Annual) 235.00 1,000 Gal10ns in Excess of the Minimum 6.40 Category 7B. (C07) Schools will be charged a minimum semi-annual fee for the first thirty-seven thousand five hundred (37,500) gal10ns of water (wastewater) and thereafter, a rate per one thousand (1,000) gal10ns in excess of thirty-seven thousand five hundred (37,500) gal10ns of water (wastewater). The minimum semi-annual fees and rates are as fol1ows: Calendar Year 2005 2006 Minimum Fee (Semi-Annual) 500.00 525.00 Rate Per 1,000 Gallons in Excess of the Minimum 10.30 10.80 NO. 104-37 PAGE 3 of 3 " II :1 II Category S. (COS) Funeral homes will be charged a minimum semi-annual fee for the first thirty-seven thousand five hundred (37,500) gallons of water (wastewater) and thereafter, a rate per one thousand (1,000) gallons in excess of thirty-seven thousand five hundred (37,500) gallons of water (wastewater). The minimum semi-annual fees and rates are as follows: Calendar Year 2005 2006 Minimum Fee (Semi-Annual) $750.00 790.00 Rate Per 1,000 Gallons in Excess of the Minimum $11.75 12.35 BE IT FURTHER ORDAINED THAT: Any ordinance or amendment thereto which conflicts or is not consistent herewith is hereby repealed to the extent of such conflict or inconsistency. This ordinance shall take effect immediately upon passage and publication as provided by law. 'I ,I I ! COUNCILMAN YES NO NY A.B. COUNCILMAN YES NO NV A.B. KRUM X RIOS X - NAPTF<; X SITARZ X PARISI X SOSNOWSKI X I X . Indicate Vote AB . Absent NV . Not Voting XOR· Indicates Vote to Overrule Veto cp Adopted on first reading of the Council of the Borough ofCarteret, N.J.. on November 23. 2004 Adopted on second reading after hearing on ~ 6, 2004 6:PR~~i~.R· ~u~ ' MUNICIPALC ERK DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE d Affidavit of Publication Publisher's Fee $175.56 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 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 lONE) times, once In each Issue, as follows 1113010_. PATRICIA W TOWN~~Nn NOTARY PUBUr OF NEW ,IFR~FY AD ,20M MY COMMISSION EXPIRES OCT. 2, 2005 -t8Jþ¡ (J ~ ~ I/J'j) 4 _ l Notary Public of New Jersey -II) Þ q- BOROUGH Of CARTERET ORDINANCE #04-37 AN ORDINANCE TO AMEND ORDINANCE #84-6 ENTITLED "AN ORDI- NANCE ESTABLISHING A USER CHARGE SYSTEM IN THE BOROUGH OF CARTERET, COUNTY OF MIDDLESEX, STATE OF NEW JERSEY. TO PRO- VIDE FUNDS NEEDED TO PAY FOR ALL EXPENSES ASSOCIATED WITH THE BOROUGH'S SEWERAGE SYSTEM" BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE BOROUGH OF CARTERET AS FOLLOWS: ORDiNANCE *84-6 ENTITLED, "An Ordinance _ Establishing a User Charge System in the Borough of Carteret, County of Middlesex, State of New Jersey to Provide Funds Needed to Pay for All Expenses Associated with the Borough's Sewerage System" as amended by Ordinances H85-50, ¡r90-13. H95-2, 1195-11, H02-01, and H03-18 IS hereby amended as folf"ows: ~ II SECTION 207-18-D shall be amended as follows: Section 207-18-0 Each residential contributor unit shall have a minimum annual fee of $338.00. The residential contributor water consumption rate is $1.705 per 1,000 gallons in excess of 43,384 gallons annuaHy. The residential contributor from garden apartments, project apartments and trailers shall pay a flat annual rate of $338.00. ARTICLE 11. SECTION 207-19-B shan be amended as follows: For the amount in excess of these flows and strengths, user categories on the baèi;t~~~e ¡am~I¿Ò1a)na~:~~:{e r~~~~II~~~:es and light industrial will be charged a minimum semi-annual fee for the first thirty-seven thousand five hundred (37,500) gallons of water (wastewa- ~~ r ~:;eds~h~f e~~~;{y_~e~~t~ ~~~ uos~~~hfi~~a ~~ ~ J r ~~o{ 3~~ ~~~) f:~I~~~do~a~~t~~e (::~~í;~:::...t;r)· The minimum semi-annual Minimum Rate Per Calendar Fee 1,000 Gals. in Excess rgg~ (se~~~33ua') of the1!J'¿~imum 2006 440.00 10.50 CatelZorv Z. (C02) Fraternal organizations, service organizations, public buildings, and offices will be charged a minimum semi-annual fee for the first thirty-seven thousand five hundred (37,500) gallons of water (wastewater) and thereafter, a rate per one thousand (1.000) gallons in excess of thirty-seven thousand five hundred (37,500) gallons of water (Wðstewater). The minimum semi-ðnnual fees and rates are as follows: Minimum Rate Per Calendar Fee 1,000 Gals. in Excess Year (Semi-Annual) of the Minimum 2005 420.00 10.30 2006 440.00 10.80 Catel2Q[Y ª- (C03) Services and supermarkets will be charged a minimum semi-annual fee for the first thirty-seven thousand five hun- dred (37,500) gallons of water (wastewater) and thereafter. ~e~~~e ~~~~s~~~h~i~~an~U~~,~~0)ç~~~15ög)ing:~;~~s ~: t~~:~; (wastewater). The minimum semI-annual fees and rates are as follows Minimum Rate Per Calendar Fee 1,000 Gals. in Excess Year (Semi-Annual) of the Minimum 2005 420.00 10.90 2006 440.00 11.45 (C04) Food Services will be charged a minimum semi-annual fee for the first thirty-seven thousand five hundred (37.500) ga\lons of water (wastewater) and thereafter, a rate per one }i~.~u~~~~r(1dO~~1 ,g~g)n~~~O~~c~~s ~~t~~lr(~~~::~a\~~,:sTg~ minimum semi-annual fees and rates are as follows Minimum Rate Per (Page ~ of #34517 ) Categorv.1 ". n--- ,--~\0-)0"--' í" \ ' c . \ "<:>- .,,),J) '\è.___ I( sworn and subscribed before me this 30th day of November, A.D., 2004 ~ 1'" c 1--\ <lffi~3:Y~ CalendarFee1 ,000 Gals. În Excess Year (Semi-Annual) of the Minimum 2005 420.00 11.75 2006 440.00 12.35 (COS) industrial users shall be billed in addition to the flow charge in Article IV, Section 3 for Biochemical Oxygen Demand (BOD), Suspended Solids (55) and Chlorine Demand (CLD) based upon samples of wastewater from the respec- tive user. The rates per pound for each category is as follows Calendar Year BOD 55 CLD 2005 0.251 0.298 0,395 2006 02.64 0.313 0.415 (C06) Residential dwelling units without kitchen facilities. such as hotels. motels and boarding houses, etc. shall have pay a flat annual rate of $300.00 per annum. ~ ZA (CO?) Churches will be charged a minimum semi-annual fee for the first thirty-seven thousand five hundred (37.500) gallons of water (wastewater) and thereaHer, a rate per one thousand (1,000) gallons In excess of thirty-seven thousand five hundred (37.500) gallons of water (wastewater). The minimum semi-annual fees and rates are as follows Minimum Rate Per Calendar Fee 1,000 Gals. in Excess Year (Semi-Annual) 01 the Minimum 2005 235.00 6.40 ~ 78. (C07) Schools will be charged a minimum semi-annual fee for the first thirty-seven thousand five hundred (37.500) gallons of water (wastewater) and thereafter, a rate per one thousand (1,000) gallons in excess of thirty-seven thousand five hundred (37.500) gallons of water (wastewater). The minimum semi-annual fees and rates are as follows. Minimum Rate Per Calendar Fee 1,000 Gals. in Excess Year (Semi-Annual) 01 the Minimum 2005 500,00 10-30 2006 525.00 10.80 (COS) Funeral homes will be charged a minimum semi-annual fee for the first thirty-seven thousand five hundred (37,500) gallons of water (wastewater) and thereafter, a rate per one thousand (1.000) gaUons in excess of thirty-seven thousand five hundred (37,500) gallons of water (wastewater). The minimum semi-annual fees and rates are as follows. Minimum Rate Per Fee 1,000 in Excess (Semi.Annual) 01 the Minimum $750.00 $11.75 790.00 12.35 Categorv.2. ~§" Catel'!orv ª' Calendar Year 2005 2006 BE IT FURTHER ORDAINED THAT: Any ordinance or amendment thereto which conflicts or is not consistent herewith is hereby repealed to the extent of such conflict or inconsistency. This ordinance shall take effect immediately upon passage and publication as provided by law. The foregoing ordinance was introduced at a meeting of the Council of the Borough of Carteret held November 23, 2004 when It was adopted on First Reading. The said ordinance will be further considered on Second Reading for finaL adoption at a meeting of said Council of the Borough of Carteret on December 16, 2004 at approximately 7:00 PM.. Municipal Court/Police Facility, 230 Roosevelt Avenue, Carteret, New Jersey at which time and pLace all persons interested wIll be giVe'kÄT~E~E~uMi.t~¡Å~~eard. Certjfied Municipal Clerk ($175.56) 34517 (Page 2 of #345J7 ) Affidavit of Publication Publisher's Fee $17.60 Affidavit Charge $20.00 State of New Jersey} 55. MIDDLESEX COUNTY personally appeared MARIAN BUTLER of the Home News Tribune, a newspaper printed In Freehold, NJ and published 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 lONE) times, once In each Issue, as follows 12/23104. PATniC!\ W. TO'ic'i{3ij,j ·1>,in,·"1 f':,R',l ~'I In i{' 'u'i~ ~Çt~1 !r:::.·,~Sr:.v . ~ . ! I ,_, ,..,' ...' ,! .,~ oJ ,_._~." [¡ ~P~! í:rr'·!~,,::~-'.'i" ','niT"~ q'~'~:'. 'J ?OOS A.D, 2004 ~\ ~'.""'..>~ \ ~,\é'\.~\, . \ "'.--' Sworn and subscribed before me this 23rd day of December, A.D., 2004 ð" ...,> / 1:\1: . h- .~ '"" \;~ '-- \ " BOROUGH OF CARTERET ORDINANCE # 04-37 AN ORDINANCE TO AMEND ORDINANCE #84-6 ENTITLED "AN ORDINANCE ESTAB- LISHING A USER CHARGE SYSTEM IN THE BOROUGH OF g~RJ,If,'ói~s~osl{.~J~ ~~O~I~~ FJuENRJ3sE~EJg ED TO PAY FOR ALL EXPENSES ASSOCIAT· ED WITH THE BOR- OUGH'S SEWERAGE SYSTEM" APPROVED AND ADOPTED: December 16, 2004 INTRODUCED: November 23, 2004 Advertised as adopted on first reading with no- tiçe of PubUç Hearing: November 30, 2004 ~:~~i~t~e~d~, 2004 Approved By: Mayor Daniel J. Reiman Advertised as finally adopted: Deçember 23, 2004 Kathleen M. Barney, MunicTal Clerk ($17 .60 46840 '~/ (Jf}rûhmttt£ No. 04-38 _ Df ±4£ ~DrDUB4 Df ([ar±£r£ÌJ ~. W. ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 107 OF THE CODE OF THE BOROUGH OF CARTERET BE IT ORDAINED BY THE Mayor and Council of the Borough of Carteret ("Borough") as follows: Section 1. Chapter l07 of the Code of the Borough of Carterèt is hereby amended and supplemented in its entirety to delete Section 107- 3A and replace the same with the following; the balance of said chapter shall remain unchanged. 107.3 Security deposit; fees. A. Each person wishing to reserve the community center for a non-Borough sponsored event or program shall post a two hundred to four hundred dollars ($200.00 to $400.00) application fee with the Construction Code Office. One hundred to two hundred fifty dollars ($100.00 to $250.00) of said fee shall constitute a refundable security deposit as provided for therein. Said amounts shall be set by resolution of the Borough Council. Section 2. All Ordinances and/or provisions thereof-inconsistent wit the provisions of this Ordinance shall be and are hereby repealed as to extent of any such inconsistencies. Section 3. If any section, subsection, part, clause, or phrase of this Ordinance shall be declared invalid by judgment of any Court of competent jurisdiction, the section, subsection part, clause, or phrase shall be deemed to be severable from the remainder of this Ordinance. Section 4. This Ordinance shall take effect upon passage and publication according to applicable law. DO NOT USE SPACE BELOW THIS LINE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. KRUM X RIO" X NAPLES X SITARZ X PARTST X X' X - Indicate Vote AB - Absent NY - Not Voting XOR - Ind.icates Vote to Overrule Veto Adopted 011 first reading of the Council of the Borough of Carteret, N.J., on DECEMBER 2. 2004 Adopted ()Il second reading after hearing on DECEMBER 16. 2004 ^,"O"Db7,~ .~ ~ §Z;$~ I I [. I ON ~;¡"rl~Y "'. . . -u?~ w , - BORDU H LER TL RECORD OF COUNCIL VOTE K o Affidavit of Publication Publisher's Fee $50.16 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 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 12/07/0_. 1'1\ I RICIA 'v1J. TOWNS£NB- ". 1~(jT A~'{ FtJBLlf or ¡Je'l\' JERSEY MY Cf)MMISS\O~' :~¡)IRE? gÇT ? ?nn~ BOROUGH OF CARTERET ORDINANCE #04-38 ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 107 OF THE CODE OF THE BOROUGH OF CARTERET BE IT ORDAINED BY THE Mayor and Council of the Borough of Carteret ("Borough") as follows: Section 1. Chapter 107 of the Code of the Bor- ough of Carteret is hereby amended and supplemented in its entIrety to de- lete Section l07-3A and replace the same with the following; the balance of said chapter shall remain unchanged. 107-3 Security det'osit; fees. A. Each person wishing to reserve the ;g~~~r~~ ~;~~r ~~r ~r~~~~~r~~~~ post a two hundred to four hundred dollars ($200.00 to $400.00) applica- tion fee with the Construction Code Office. One hundred to two hundred fifty dollars ($100.00 to $250_00) of said fee shall constitute a refundable security deposit as provided for therein. Said amounts shall be set by resolution of the Borough Council. Section 2. All Ordinances and/or provisions there- of _ inconsistent with the provisions of this Ordinance shall be and are hereby repealed as to extent of any such incon- sistencies. Section 3. ~r an~r~~~ti~f' tS~i~sëir~f~~rfc~t~h~ilu~e~ dec?ared invalid by judgment of any Court of competent jUrisdiction, the section, subsection part, clause, or phrase shall be deemed to be severable from the remainder of this Ordinance. Section 4. This Ordinance shall take effect upon passage and publication according to applicable law. The foregoing ordinance was introduced at a meet- ing of the Council of the Borough of Carteret held December 2, 2004 when it was adopted on First Reading. The said ordinance will be further consid- ered on Second Reading for final adoption at a meetmg of said Council of the Borough of Carteret on December 16, 2004 at approximately 7:00 P.M., MunicIpal Court/Police Facility, 230 Roosevelt AVe- nue. Carteret, New Jersey at which time and place all persons interested will be given an opportunity to be heard KATHLEEN M. BARNEY, Certified Municipal Clerk ($50.16) 24533 ,-, ~ AD,20ß/ \ r\\\ \ f1 /\¡>J ~ \ 6~ sworn and subscribed before me this 7th day of December, A.D., 2004 Affidavit of Publication Publisher's Fee $13.20 State of New Jersey} 55. MIDDLESEX COUNTY Affidavit Charge $20.00 Personally appeared MARIAN BUTLER of the Home News Tribune, a newspaper printed In Freehold, NJ and published 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 1212310_, f)f\ ¡ Hill!;!, ~N. ¡ ,¡~r\;'J'::,~r~J ~CJTnh i n,:~,;i:: ,-'; '\::' :," ';.'L~~ rJ' C0',~~P:?:,~", ,.. A.D., 200_ "....." r . ~. \\\ \ \ () " \Q'ü I) IV. ./ \: ~ J---' Sworn and subscribed before me this 23rd day of December, A.D., 2004 ~j rA.¡;;;þ~ Þ- Notary Public of New Jersey BOROUGH OF CARTERET ,,;\ ......... \L~ \..~-\ ORDINANCE # 04-38 ORDINANCE AMENDING AND sup- PLEMENTING CHAPTER 107 OF THE CODE OF THE BOROUGH OF CARTERET APPROVED AND ADOPTED: Deçemb2f 16, 2004 INTRODUCED: December 2, 2004 Advertised as adopted f¡~ef¡~itpue~?dn~e~~l~g~O- December 7, 2004 ~:~~j~te~e~~. 2004 ~t;~/ò~~~i J. Reiman Advertised as finally adopted; December 23. 2004 Kathleen M. Barney, MUnierl Clerk ($13.20 13488 r ~/