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Home My Public Portal AboutOrd. 08-27 No, 98-27 @rtrhmuu of t1r.~ tJjoroltzlr of([zrrttret, ~L :1L Councilman Presents the following Ordinance Seconded by Councilman ORDINANCE OF THE BOROUGH OF CARTERET, IN THE COUNTY OF MIDDLESEX, ADOPTING THE REDEVELOPMENT PLAN FOR THE COOKE AVENUE SCATTEREDSITESREDEVELOP~ffiNTAREA WHEREAS, the governing body of the Borough of Carteret (the "Borough") is interested in determining whether certain properties located within the Borough are in need of redevelopment pursuant to the New Jersey Local Redevelopment and Housing Law, NJ.S.A. 40A:12A-I ef seq. (the ''Redevelopment Law"); and WHEREAS, on December 20,2007, the Borough Council oflhe Borough (the "Borough Council") adopted Resolution No. 07-321, authorizing and directing the Planning Board of the Borough (the "Planning Board") to undertake an investigation to determine whether the properties designated as Block 192, Lots 1, 2 and 3 and Block 202, Lots 9, 10 and II (the "Study Area") constituted an area in need of redevelopment and, if so, to review a redevelopment plan for the Study Area; and WHEREAS, the Planning Board caused Beacon Planning and Consulting Services, L.L.C. (the "Planning Consultant") to conduct a preliminary investigation to detennine whether the Study Area should be designated an area in need ofredevelopment; and 'VHEREAS, on or about January 11, 2008, the Planning Board received a report and map depicting the Study Area prepared by the Planning Consultant, entitled "Cooke Avenue Redevelopment Area Assessment, Borough of Carteret, New Jersey" and dated Jannary 2008 (the ''Report''), conceming the determination of the Study Area as an area in need of redevelopment; and WHEREAS, on January 23, 2008, the Planning Board reviewed the Report, heard testimony from representatives of the Plamling Consultant, conducted a public hearing during which members of the general public were given an opportunity to present their own evidence and/or to cross-examine the Planning Consultant concerning the potential designation ofthe Study Area as an area in need of redevelopment; and WHEREAS, the Planning Consultant concluded in the Report and testified to the Planning Board on January 23, 2008 that: (i) the entire Study Area satisfies the criteria for redevelopment area designation set forth in N.J.S.A. 40A:12A-5g and 5h; (ii) Block 192, Lots 2 and 3 also satisfy the criteria set forth in N.J.S.A. 40A:12A-5b and 5d; (iii) Block 202, Lots 9, 10 and II also satisfy the criterion set forth in N.J.S.A. 40A:12A-5c; (iv) Block 192, Lot 2 also satisfies the criterion set forth in NJ.S.A. 40A:12A-5e; and (v) Block 192, Lot 1 should be included in a designated redevelopment area in order to create a contiguous land area for the effective redevelopment of the north side of Block 192, pursuant to N.J.S.A. 40A:12A-3; and \VHEREAS, after the conclusion of the public hearing described above, the Planning Board adopted a resolution recommending that the Borough Council designate the Study Area as an area in need of redevelopment pursuant to the R~development Law; and WHEREAS, the Borough Council agreed with the conclusion of the Planning Board that (i) the entire Study Area satisfies the criteria for redevelopment area designation set forth in NJ.S.A. 40A:12A-5g and 5h; (ii) Block 192, Lots 2 and 3 also satisfy the criteria set forth in N.J.S.A. 40A:12A-5b and 5d; (iii) Block 202, Lots 9, 10 and 11 also satisfy the criterion set forth in NJ.S.A. 40A:12A-5c; (iv) Block 192, Lot 2 also satisfies the criterion set forth in NJ.S.A. 40A: 12A-5e; and (v) Block 192, Lot I shonld be included in a designated redevelopment area in order to create a contiguous land area for the NO. 08-27 PAGR 2 effective redevelopment of the north side of Block 192, pursuant to NJ.S.A. 40A:12A-3, and the Borough Council found that such conclusion is supported by substantial evidence; and WHEREAS, on January 24, 2008, the Borough Council adopted Resolution No. 08-52 designating the Study Area as an area in need of redevelopment (hereinafter the "Cooke Avenue Scattered Sites Redevelopment Area"); and WHEREAS, on February 7, 2008, the Borough Council adopted Resolution No. 08-65 authorizing and directing the Planning Board to undertake an additional investigation to determine whether the section of the Romanowski Avenue right-of-way located between Cooke Avenue and High Street (the "Romanowski ROW"), which property is contiguous to the Cooke Avenue Scattered Sites Redevelopment Area, also qualifies as an area in need of redevelopment and, if SO, to review a redevelopment plan for the Cooke Avenue Scattered Sites RedevelopmentArea and the Romanowski ROW; and WHEREAS, the Planning Board caused the Planning Consultant to conduct a preliminary investigation to determine whether the Cooke Avenue Scattered Sites Redevelopment Area should be amended to include the Romanowski ROW also should be designated an area in need of redevelopment and, if so, whether the Cooke Avenue Scattered Sites Redevelopment Area should be amended to include the Romanowski ROW therein; and 'VHEREAS, on or about February 8, 2008, the Plamling Board received a report and map depicting the Romanowski ROW, prepared by the Planning Consultant, entitled "Cooke Avenue Redevelopment Area Assessment Phase 2" and dated February 2008 (the "Supplemental Report"), concerning the determination of the Romanowski ROW as an area in need of redevelopment; and WHEREAS, on Febmary 27, 2008, the Planning Board reviewed the Supplemental Report, heard testimony from representatives of the Planning Consultant, conducted a public hearing during which members of the general public were given an opportunity to present their own evidence and/or to cross-examine the Planning Consultant concerning the potential designation of the Romanowski RO\V as an area in need of redevelopment; and WHEREAS, the Planning Consultant concluded in the Supplemental Report and testified to the Planning Board on February 27, 2008 that: (i) the Romanowski ROW satisfies the criteria for redevelopment area designation set forth in N.J.S.A. 40A:12A-5h; (ii) the western portion of the Romanowski ROW satisfies the criteria for redevelopment area designation set forth in N.J.S.A. 40A:12A-5g; and (iii) the Romanowki ROW should be included in a designated redevelopment area in order to create a contiguous land area for the effective redevelopment of the north side of Block 192, pursuant to NJ.S.A. 40A: 12A-3; and WHEREAS, after the conclusion of the public hearing described above, the Planning Board adopted a resolution recommending that the Borough Council designate the Romanowski ROW as an area in need of redevelopment pursuant to the Redevelopment Law; and 'VHEREAS, the Borough Council agreed with the conclusion of the Planning Board that: (i) the Romanowski ROW satisfies the criteria for redevelopment area designation set forth in N.J.S.A. 40A: 12A-5h; (ii) the westem portion of the Romanowski ROW satisfies the criteria for redevelopment area designation sel: forth in NJ .S.A. 40A: 12A-5g; and (iii) the Romanowki RO\V should be included in a designated redevelopment area in order to create a contiguous land area for the effective redevelopment of the north side of Block 192, pursuant to N.J.S.A. 40A:12A-3, and the Borough Council found that such conclusion is supported by substantial evidence; and NO. 08-27 PAGE 3 WHEREAS, on June 19, 2008, the Borough Council adopted Resolution No. 08-154 designating the Romanlowski RO\V as an area in need of redevelopment and amending the Cooke Avenue Scattered Sites Redevelopment Area to include the Romanowski ROW therein; and 'VHEREAS, the Planning Consultant prepared a redevelopment plan for the Cooke Avenue Scattered Sites Redevelopment Area, entitled "Cooke Avenue Scattered Sites Redevelopment Plan" (the "Redevelopment Plan"); and WHEREAS, during the February 27, 2008 Planning Board hearing, the Planning Board reviewed the Redevelopment Plan and considered the testimony of a representative of the Planning Consultant regarding the Redevelopment Plan; and WHEREAS, on February 27, 2008, the Planning Board adopted a resolution of fmdings and conclusions, detennining that the Redevelopment Plan is not inconsistent with the Borough's Master Plan or the Master Plans of Woodbridge, Rahway and Linden, the Middlesex County Master Plan or the State Development and Redevelopment Plan and endorsing and recommending final adoption of the Redevelopment Plan; and WHEREAS, the Borough Council hereby fmds that the Redevelopment Plan is in the best interests of the Borough and now desires to adopt the Redevelopment Plan. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Carteret, County of Middlesex, State of New Jersey, as follows: 1. The aforementioned recitals are incorporated herein as though fully set forth at length herein. 2. The Redevelopment Plan, a copy of which is on file with the Borough Clerk and is incorporated herein by reference, is hereby approved pursuant to NJ.S.A. 40A:12A-7. 3. If any part of this Ordinance shall be deemed invalid, such parts shall be severed and the invalidity thereby shall not affect the remaining parts of this Ordinance. 4. A copy of this Ordinance shall be available for public inspection at the offices oflhe Borough Clerk, 5. Upon final adoption hereof, the Borough Clerk is hereby directed to arrange for the publication of a notice of adoption of this Ordinance in the Home News Tribune. 6. This ordinance shall take effect after the first publication thereof after final adoption, as provided by law. COUNCILMAN DO NOT USE SPACE. BELOW THIS LINE RECORD OF COl.JNCIL VOTE YES NO NY A.B. COUNCILMAN YES NO NV A.B. BELLINO COLD DIAZ x KRUM x x X. Indicate Vote AB - Absent NV - Not Voting XQR - Indicates Vote to Overrule Veto Adopted on first reading of the Council of the Borough ofCarteret, N.J., on T11ne 19, 200~ Adopted on second reading after hearing August 21 , . 2008 APPROVED BY ON MAOR !.:{.r,,,j'~_..JoA~ Ct~. MUNICIPAL CLERK 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 pnblished in Neptune, in said Connty and State and of general circulation in said county. One ill times, once in each issue as follows: AUl:!:Ust 5. 2008 ~o,~ Notary Public of New Jersey LINDA A RIVERA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MAY 2, 2011 Sworn and subscribed before me this JcJ.M day of~ I d<:XlY: /~ / D~-}~ AFFIDAVIT OF PUBLICATION Th~ 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 ill times, once in each issue as follows: Au!!ust 29. 2008 ~~t2~ Notary Public of New Jersey LINDA A RIVERA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MAY 2, 2011 Sworn and subscribed before . me thi~ day o(~~ ..;1... CD! /", ~et!:;JJ;, bDL~V'L~ IKathleen M. Barney, MM Municipal Clerk ~ 6 6~,)7