HomeMy Public PortalAboutr 08:097
}R~MbrltOtt oIflri '~ntnug4 .or illcrrtere:t? ~ ~ JJ ~
No. OR-Q7 Date ofAdopt;on A.pril 1.0, 2008
;
RESOLUTION OF THE BOROUGH OF CARTERET DECLARING
THE KINDER MORGAN IMPROVEMENT AREA AS Ai'! AREA
IN NEED OF REDEVELOPMENT PURSUANT TO THE LOCAL
REDEVELOPMENT AND HOUSING LAw, N.J.S.A. 40A:12A-l ET
SEQ.
WHEREAS, the Local Redevelopment and Housing Law, NJ.S.A. 40A:12A-I et seq.,
as amended and supplemented (the ''Redevelopment Law") provides a process for
-municipalities to participate in the redevelopment and improvement of areas in need of
redevelopment; and
WHEREAS, by Resolution No. 07-301, duly adopted on December 6,2007, as amended
by Resolution No. 08-46, the Mayor and Conncil of the Borough of Carteret (the
"Borough Council") authorized and directed the Plauning Board of the Borough of
Carteret (the "Planning Board'') to undertake a preliminary investigation to determine
whether those properties listed on Exhibit A attached hereto (the "Kinder Morgan
Improvement Area") meet the criteria set forth in the Redevelopment Law as an "area in
need of redevelopment" as defined therein, and
WHEREAS, after providing requisite notice, the Planning Board held a hearing on
February 27, 2008 to review the results of the preliminary investigation and to solicit
public comments on whether the Planning Board should recommend to the Borough
Council that the Kinder Morgan Improvement Area be determined to be "an area in need
of redevelopmentU; and
WHEREAS, at the public hearing, the Planning Board considered the testimony of and
exhibits furnished by a licensed professional planner from Beacon Planning and
Consulting Services, LLC, the author of the Redevelopment Area Assessment Rep.ort for
the Kinder Morgan hnprovement Area (the "Assessment Report") and afforded all
interested members ofthe p\lblic an opportunity to make, inquire into, and give testimony
concerning the boundaries of the Kinder Morgan Improvement Area and whether said
area should be determined to b~ "an area in need of redevelopment"; and
WHEREAS, the Planning Board, by a Resolution of Findings and Conclusions dated
March 26, 2008 has recommended to the Borough Council, pursuant to Section 6 of the
Redevelopment Law, that the Kiilder Morgan Improvement Area be determined to be "an
area in need of redevelopment", finding that the properties constituting the Kinder
Morgan Improvement Area have met one or more of the statutory criteria in the
Redevelopment Law; and
'VHEREAS, the Borough Council has given due consideration to the recommendation of
the Planning Board and further finds that said recommendation is supported by
substantial evidence; and \
WHEREAS, the Borough Council further concludes that there exists within the Kinder
Morgan Improvement Area sufficient criteda for the designation of "an area in need of
redevelopment" in accordance with the Redevelopment Law, including without
limitation, NJ.s.A. 40A:12A-5, as more fully described and delineated in the Assessment
Report and as found by the Planning Board.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council as
follows:
Section 1. The Kinder Morgan Improvement Area, including without
limitation, all of the properties included ,therein and as set forth in Exhibit A attached
hereto, shall constitute "an area in need of redevelopment" pursuant to, and in accordance
with, the Redevelopment Law and all other applicable law.
Section 2. The Borough Clerk is hereby authorized and directed to forward
this Resolution to the Commissioner of the' New Jersey Department of Community
Affairs.
NO. 08-97
PAGE
?
Section 3. The Borough Clerk is hereby authorized and directed to forward
this Resolution to the Planning Board.
Section 4. The Borough Clerk is hereby authorized and directed to forward
this Resolution to each and every mvner of the property included in the Kinder Morgan
Improvement Area, as set forth in Exhibit A attached hereto.
Section 5. The Borough Clerk is hereby authorized and directed to publish
and post notice ofthis Resolution as required by applicable law.
Section 6. The Borough Clerk is hereby authorized and directed to maintain a
'copy of this Resolution and the Assessment Report on file in the Office of the Borough
Clerk for public inspection.
Section 7. The Borough Councii hereby directs the Plarining Board to prepare
a Redevelopment Plan for the Kinder Morgan Improvement Area in accordance with the
Redevelopment Law.
Section 8. This resolution shall take effect at the time and in the manner
prescribed by law.
Section 9. Upon the adoption hereof, the Borough Clerk shall forward
celiified copies of this resolution to Matthew C. Karrenberg, Esq.) DeCotiis, FitzPatrick,
Cole & Wisler, LLP, Special Redevelopment Counsel to the Borough.
Adopted this 10th day of April, 2008
anddcertified as a true copy of the
original on April 11, 2008.
KATHLEEN M, BARNEY, MMC
Municipal Clerk
RECORD OF COUNCIL VOTE
CQUNCIL/l.fAN YES NO NY A.B. COUNCILMAN YES NO NY A.B.
JlJ>LLUlO ''''HIM
c.oLQ,li v .-- v
DJ:^Z x X
X-Indicate Vote AB-Absent NV ~ Not Voting XOR - Indicates Vote to Overrule Veto
Adopted at a meeting of the Municipal Council 40// ~~2008
2
~eL' - .~' ::1.
/" C ERK (,JJ/
-
EXHIBIT A
Block Lot
9.03 14.02
9.03 17.04
9.03 18.02
9.03 18.03
10 3.03*
* 01' such other Block and Lot designation on the tax map of the Borough
reflecting the parcel immediately abutting, in the northwestem direction, both
Lots 17.04 and 18.02 within Block 9.03
3