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Home My Public Portal AboutOrd. 05-45 No. 05-45 ®r Út1tèUtt£ af ±4£ ~arau£r1 af QInrt£r£Í) ~ ~ 3J ~ CouncÎlman Presents the following Ordinance Seconded by Councilman AN ORDINANCE CORRECTING ORDINANCE NO. 04-28; TO PROPEIlL Y REFLECT BLOCK 11.03 LOTS 56, 59, & 61 AND BLOCK 11.04 LOT 51, IN THE LANDFILL RECLAMATION IMPROVEMENT DISTRICT IN THE BOROUGH OF CARTERET; TO REPEAL ANY ORDINANCE OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND TO PROVIDE FOR PUBLICATION AND EFFECTIVE DATE FOR THIS ORDINANCE. WHEREAS, Ordinance No. 02-05 authorized the adoption of an Amended and Restated Redevelopment Plan (the "January 2002 Redevelopment Plan") for the Landfill Reclamation Improvement District in the Borough of Carteret (the "District") and was approved on March 7, 2002, with the area of the District described on the Schedule of Property attached thereto as Exhibits 2 and 3, and as shown on Figure 1 of the January 2002 Redevelopment Plan; and WHEREAS, Block 11.03 Lots 56, 59, & 61; and Block 11.04 Lot 51, were properly included within the District in accordance with the Borough of Carteret's findings, and consistent with the Borough of Carteret's previous Redevelopment Plans; and WHEREAS, Ordinance No. 04-28 later authorized the adoption of a Redevelopment Plan (the "2004 Redevelopment Plan") describing a Landfill District Redevelopment Area (the "2004 Redevelopment Area") and was approved on October 7, 2004, with the area of the 2004 Redevelopment Area described, in part, on Tables 2, 3, and 4, and shown on Figure 1 of the 2004 Redevelopment Plan; and WHEREAS, the 2004 Redevelopment Plan was intended to reflect certain revisions to the January 2002 Redevelopment Plan related solely to the land area related to a certain Redevelopment Agreement between Titan-PDC Cmieret Urban Renewal, LLC and the Borough of Cmicret (the "Titan Redevelopment Agreement"); and WHEREAS, the 2004 Redevelopment Plan was not intended to supersede the January 2002 Redevelopment Plan in areas of the Dishict that were not the subject of the Titan Redevelopment Agreement; and WHEREAS, Block 11.03 Lots 56, 59, & 61; and Block 11.04 Lot 51 were not the subject of the ,Titan Redevelopment Agreement; and I WHEREAS, the Borough Council has been advised by its staff that 2004 Redevelopment Plan may have inadvelient1y superseded pOliions of the 2002 Redevelopment Plan to the extent that the 2004 Redevelopment Plan omitted references to Block 11.03, portions of the Lots 56, 59, & 61; and Block 11.04 Lot 51; and WHEREAS, Block 11.03 Lots 56, 59, & 61; and Block 11.04 Lot 51 have been, and continue to be, an important pali of the District; and WHEREAS, the Janumy 2002 Redevelopment Plan continues to govern tbe redevelopment of Block 11.03, Lots 56, 59, & 61; and Block 11.04 Lot 51. BE IT ORDAINED, by the Mayor and Council of the Borough of Carieret, as follows: SECTION I. a) The Borough of Cmieret Plamling Board, after due consideration and in confOlmance with¡ the Local Redevelop'.llent and Housmg Law, has recommended that Block 11.03, Lots 56, 59, &~ 61; and Block 11.04 Lot 51 be properly reflected in the District in the "Conected Redevelopment Plan." I NO. 05-45 I b) The "Conected Redevelopment Plan" is deemed to include the 2004 Redevelopment Plan as I cOlTected by the revision of the final Paragraph of Page 3 therein to state: PAGE 2 "With the present Redevelopment Plan (the '2004 Redevelopment Plan'), Carteret replaces the Amended Redevelopment Plan (the 'Janumy 2002 Redevelopment Plan'), with regard to those propeliies designated as Phase 1, Phase II, or the Southern Property only. The balance of the propeliies within the Landfill Reclamation Improvement Dishict, as reflected in the 2002 Redevelopment Plan, remain governed by the provisions and bulk standards set fOlih in the January 2002 Redevelopment Plan" c) In addition, the "ColTected Redevelopment Plan" is deemed to include the propeliies and development standards reflected in the January 2002 Redevelopment Plat1, to the extent that the January 2002 Redevelopment Plan continues to govern the development of the balance of the properties within the Landfi1l Reclamation Improvement District. d) The balance of the properties within the Landfill Reclamation Improvement District, as ,reflected in the 2002 Redevelopment Plan, properly includes Block 11.03, Lots 56, 59, & 61; and Block 11.04 Lot 51 within the District. e) Tbe Conected 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 f) The Borough Council of the Borough of Carteret has reviewed the COlTected Redevelopment Plan and held a public hearing about the Corrected Redevelopment Plan to receive the comments ofthe public; and SECTION 2. The Corrected Redevelopment Plan is adopted as the official redevelopment plan [or the Distlict, in accordance with the Local Redevelopment and Housing Law and the Large Site Landfi]] Reclamation and Improvement Law. The COlTected Redevelopment Plan supersedes the redevelopment plan referred to in Resolution 95-346, adopted by the Borough Council on November 2, 1995; the Amended and Restated Redevelopment Plan adopted by the Borough Council pursumlt to Ordinance No. 02-05; and the Redevelopment Plan adopted by the Borough Council pursuant to Ordinance No. 04-28. SECTION 3. The zoning district map of the Borough's Land Development Ordinance is hereby amended to reflect the inclusion of Block 11.03, Lots 56, 59, & 61; and Block 11.04 Lot 51 111 the Dishict. SECTION 4. All Ordinances or parts of Ordinances inconsistent herewith are hereby repealed. SECTION 5. This Ordinance is effective nunc pro tunc (i.e., for now and before) and, upon final passage, publication, and filing with the Middlesex County Planning Board as required by law, sha1l be deemed effective retroactively and simultaneously with the effective date of Ordinance No. 04-28. DO NOT USE SPACE BELOW THIS LINE _I RECORD OF COUNCIL VOTE COUNCILIVIi N YES NO NY A.B. COUNCILMAN YES NO NY A.B. -BEbhINo---· X X X X K X X x - Indicate Vote AB - Absent NY - Not Voting XOR - Indica!es Vote to Overrule Veto AdoEted 011 first readinß of the C.oullciI of tbe Bo.¡:oug]\.Df Ca,teret. Nck.tß'be wteM!f 9/22/05 - PubliC Hearmg to be \';onunuea on L, . Adopted on second reading after hearing on 1,>2005 ON ~~¿¿ , MUNJ Affidavit of Publication Publisher's Fee $134.64 State of New Jersey} 55. MIDDLESEX COUNTY Affid~vit Charge $25.00 Personally appeared of the Home News Tribune, a newspaper prtnted In Freehold, N) and published In NEPTUNE, In said County and State, and of general circulation In said county, WhobéJn!¡¡(j¡¡iI}r~Orn, deposeth and salth that the advertisement of which the annexed Is a true copy, has beeìl'¡fut¡tjšl1ed In the said newspaper 1 lONE) times, once In each Issue, as follows 9108105. ANNETTE MADAM A J~L1N 0 J::I.n,!0QNI 1,.., ¡ I ' , ' " I! ._ ~, I ~!I"'\TM-;V Ii! '¡r11 !(' ,'ìC \"1:.:1:\/ ¡~P0FV 1\11"'.1 r, -JI 'r"', 1._, II'" '., ,,' MY C·nur. .;:.(.1''.' '.',''''';.,' ,.~p ..,.,0'010 I IV:V¡I'/II\J,J,UI\ L\lh-'l;':"...' ¡' ~O, '-i_¡'::' ' BOROUGH OF CARTERET ORDINANCE #05-45 AN ORDINANCE CORRECTING ORDINANCE NO. 04-28; TO PROPERLY REFLECT BLOCK 11.03 LOTS 56, 59, & 61 AND BLOCK 11.04 LOT 51, IN THE LANDFILL RECLAMATION IMPROVEMENT DISTRICT IN THE BOROUGH OF CARTERET; TO REPEAL ANY ORDINANCE OR PARTS OF ORDINANCES IN CON- FLICT HEREWITH; AND TO PROVIDE FOR PUBLICA- TION AND EFFECTIVE DATE FOR THIS ORDINANCE. WHEREAS, Ordinance No. 02-05 authorized the adoption of an Amended and Restated Redevelop- ment Plan (the "January 2002 Redevelopment Plan") for the Landfill Reclamation Improvement District in the Borough of Carteret (the "District") and was approved on March 7, 2002, with the area of the District described on the Schedule of Proper- ~ho~~a~~e?ig~:rit~f 'the EJah~~~~y 220a8~ R3ed:~~lo~~ ment Plan; and WHEREAS, Block 11.03, Lots 56, 59, & 61; and Block 11.04 Lot 51, were properly included within the District in accordance with the Borough of Carteret's findin!:,s, and consistent with the Bor- ough of Carteret s previous Redevelopment Plans; "nd WHEREAS, Ordinance No. 04·28 later authorized the adoption of a Redevelopment Plan (the "2004 Redevelopment Plan") describing a Landfill District Redevelopment Area (the "2004 Redevelopment :h=a~~~:n~ttheap~c;g4edR~~e~;f~~:;e~t 2~?:'; ~~~ scribed, in part, on Tables 2, 3, and 4, and shown ~FH~~~Á~,1 t~~ t~~o~O~~dRe~~f~~~~~epfa~la;:~sa¡~_ tended to reflect certain revisions to the January 2002 Redevelopment Plan related solely to the land area related to a certain Redevelopment Agree- ment between Titan-PDC Carteret Urban Renewal, LLC and the Borough of Carteret (the "Titan Rede- velopment A£reement"); and WHEREAS, the 2004 Redevelopment Plan was not intended to supersede the January 2002 Redevel- opment Plan in areas of the District that were not the subject of the Titan Redevelopment Agreement; "nd WHEREAS, Block 11.03 Lots 56, 59, ,& 61; and Block 11.04 Lot 51 were not the subject of the Titan Redevelopment Agreement; and WHEREAS, the Borough Councit has been advised by its staff that 2004 Redevelopment Plan may have inadvertently superseded portions of the 2002 Redevelopment Plan to the extent that the 2004 Redevelopment Plan omitted references to Block 11.03. portions of the Lots 56,59, & 61; and Block 11.04 Lot 51; and WHEREAS, Block 11.03 Lots 56, 59, & 61; and Block 11.04 Lot 51 have been, and continue to be, an important part of the District; and WHEREAS, the January 2002 Redevelopment Plan continues to govern the redevelopment of Block 11.03, Lots 56, 59, & 61; and Block 11.04 Lot 51. BE IT ORDAINED. by the Mayor and Council of the ~~éT~~'N or Carteret, as follows: a) The Borough of Carteret Planning Board. after due consideration and in conformance with the AD., 2005 Sworn and subscribed before me this 8th day of September, A.D., 2005 ~oec:~eRde1~~~lsrr~knl i.ö~,HL~t~n~6:aŠ9, h~S 6i~~~d Block 11.04 Lot 51 be J'roperly reflected in the District in the "Correcte Redevelopment Plan." b) The "Corrected Redevelopment Plan" is deemed to include the 2004 Redevelorment Plan as collected by the revision of the fina Paragraph Of"~ifh ~ht;e~~~~~~t sW~~~velopment Plan (the "2004 Redevelopment Plan"), Carteret replac- es the Amended Redevelopment Plan (the "January 2002 Redevelopment Plan"), with re- gard to those properties designated as Phase 1, Phase II, or the Southern Property 2!l!Y . The balance of the properties within the Landfill Reclamation Improvement District, as reflected in the 2002 Redevelopment Plan, remain gov- erned by the provisions and bulk standards set forth in the January 2002 Redevelopment Plan." c) In addition. the "Corrected Redevelopment Plan" is deemed to include the properties and development standards reflected in the January 2002 Redevelopment Plan, to the extent that the Janu,,'y 2002 Redevelopment Plan continues to govern the development of the balanct:1 of the properties within the Landfill Reclamation Improve- ment District. d) The balance of the properties within the Land-filt Rectamation Improvement District, as reflected in ~~~C~~~~03~eLdot~e~°t.5~~~ ~i~ðtdsrr;~~ lir.tl~t~~ 51 within the District. e) The Corrected Redevelopment Plan is in further- ance 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 f) The Borough Council of the Borough of Carteret has reviewed the Corrected Redevelopment Plan and held a public hearing about the Corrected Redevelopment Plan to receive the comments of the public; and SECTION 2, The Corrected Redevelopment Plan is adopted as the offIcial redevelopment plan for the ~:~;c~~~n H~cucs~~dar;~ ~~~h t~~e L~~C:I S~t~dr~~ldffu Reclamation and fmprovement Law.~he Corrected Redevelopment Plan supersedes the redevelop- ment plan referred to in R,esolution 95-346, ado.}t- f~e bÂ~~~dBe':O~;R ~~~t"a~~donR~do::~0~e~e2~t 1~la~ adopted by the Borough Council pursuant to Ordi- nance No. 02-05; and the Redevelopment Plan adopted by the Borough Council pursuant to Ordi- nance No. 04-28. SECTION 3. The zoning district map of the Bor- ~~~~'JeJat"od r~ff::~ofh~ei~¿I~si~~n~7cBI~~k hií'Obl. Lots 56, 59, & 61; and Block 11.04 Lot 51 in the District. SECTION 4. All Ordinances or parts of Ordinances inconsistent herewith are hereby repealed. SECTION 5. This Ordinance IS effective nunc pro tunc (I.e., for now and before) and, upon fmal passage. publication, and filing with the Middlesex County Planning Board as required by law, shall be deemed effective retroactively and simultaneously (Page 1 of #12466 ) Affidavit of Publication Publisher's Fee $20.68 State of New Jersey} 55. MIDDLESEX COUNTY Personally appeared JON IRAGGI Affidavit Charge $25.00 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 11/12105. BOROUGH Of CARTERET ORDINANCE II 05-45 AN ORDINANCE CORRECTING ORDI- NANCE NO. 04-28; TO PROPERLY RE- FLECT BLOCK 11.03 ~~1S B5~Ò¿~ f1.gl LOT 51, IN THE LANDFILL RECLA- MATION IMPROVE- MENT DISTRICT IN THE BOROUGH OF CARTERET; TO RE- PEAL ANY ORDI- NANCE OR PARTS OF ORDINANCE IN CONFLICT HERE- WITH; AND TO PRO- VIDE FOR PUBLICA- TION AND TlVE DATE FOR THIS OR- DINANCE APPROVED AND ADOPT- ED: October 27, 2005 INTRODUCED· September 1, 2005 Advertised as adopted on first reading with no- tice of Public Hearing: September 8, 2005 ~2.a~öti5h:ldp:b~r~etreba~~ ing to be Continued on October 27. 2005 Approved By: Mayor Daniel J. Reiman :~~~{:~~e~Ov~b~;a~Jl. 2005 KATHLEEN M. BARNEY MUNICIPAL CLERK ($20.68) 55923 A.D., 2005 1 " 1~ ; ,j ~.,.,. .......,';.,-, , \ -J ' \ '~~'i ' re me this , A.D., 2005 AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of·· Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. ONE (1) times, once in each issue as follows: November 12, 2005 (~~O~ Notary Public of New Jersey Sworn and subscribed before me this /W... day of I\J ~..2. ",< LihjDA /\. "~,:~,r:\' piP'f) :t~ rc'>... ~~/~~· Kathleen Barney, RMC/C Municipal Clerk . IIOIJUfIIIfCMIBET ORDINANCE " ..... ~tI O"þINANCE CØRRI!C11NQ ORDI- NANce NO. .....; TO JI'ROPDLY IIIII~ OUCT IILOCK 11.00 LOTII ... .. a .t AND BLOCK 11.04- 1 ~J,l:L 1=.Jl1~ =~O~:'C¡YIii ma~ouaH OP' PiÃ1. "'J.ilt "8"'1.'1: NANCI OR PARTS 2!.J"'DlNANCE IN ~"LlCT HERI_ YIOI!~~~ TION AND TIY!! g-o..m.cT ""18 OR· i APPROVED AND ADOPT- ijS>fribD~dE~' 2GOI5 I.~b....... 1, 20DS Advertised as adopted on first r..din¡; wltli no- tice of Public Hearlnl: ............. I, 2001 He.rJI'I;I hakt:'hnmb6r 22, 20118 . PuIaIIc tfeer.. I.... ..c_ on Oðtiobw n, IOOS Approved By: Mayor DiIi'tteI J. ReIrMn Advertlud a. finally l.FadO ted: ~ber 11, KA ~":=IŒYD....