HomeMy Public PortalAboutOrd. 08-34
No. OR- "llL
<IDroiuau.ce
of t4~
~orou:s~ ofClIaderd, ~ ~ m ~
Councilman
Presents the following Ordinance Seconded by Councilman
AN ORDINANCE OF THE BOROUGH OF CARTERET
ADOPTING THE KINDER MORGAN REDEVELOPMENT PLAN
WHEREAS, the Locat Redevetopment and Housing Law, NJ.S.A. 40A: t2A-1 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. 07-30t, duty adopted on December 6, 2007, as amended
by Resotution No. 08-46, the Mayor and Council of the Borough of Carteret (the
"Borough Councit") authorized and directed the ptanning Board of the Borough of
Carteret (the "Planning Board") to undertake a preliminary investigation to detennine
whether certain properties set forth therein (the "Kinder Morgan Improvement Area")
met the criteria set forth in the Redevelopment Law as an "area in need of
redevelopment" as defined therein, and
\VHEREAS, 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 Han area in need
of redevelopment"; and
WHEREAS, at the pub tic hearing, the ptanning Board considered the testimony of and
exhibits furnished by a licensed professional planner from Beacon Planning and
Consulting Services, LLC ("BPCS"), the author of the Redevetopment Area Assessment
Report for the Kinder Morgan Improvement Area (the "Assessment Report") and
afforded all interested members of the public 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 be "an area in need of redevelopment"; and
WHEREAS, the Planning Board, by a Resotution of Findings and Conclusions dated
March 26, 2008 recommended to the Borough Council, pursuant to Section 6 of the
Redevelopment Law, that the Kinder Morgan Improvement Area be determined to be "an
area in need of redevelopment", finding that the properties constituting the Kinder
Morgan hnprovement Area have met one or more of the statutory criteria in the
Redevelopment Law; and
WHEREAS, on April 10, 2008, the Borough COUIlcit adopted resotution number 08-97
detennining that the Kinder Morgan Improvement Area constitutes an "area in need of
redevelopment" under the Redevelopment Law (the "Redevelopment Area"); and
WHEREAS, BCPS prepared a redevetopment ptan for the Redevetopment Area, dated
April 2008, for further consideration by the ptanning Board (the "Draft Redevetopment
Plan"); and
WHEREAS, on May 28, 2008, the ptanning Board adopted ;;CiesotutioIlof findings and
conclusions endorsing and recommending final adoption of the Draft Redevelopment
Plan; and
\VHEREAS, as permitted in accordance with the Redevelopment Law, specifically
NJ,S.A. 40A:12A-7(e) and (t), certain modifications to the to the Draft Redevelopme~t
Plan have been made to (i) allow for bio~diesel stor~ge and dls~r1butlon faclhtles and (n)
to expressly remove the authorization and use of emment domam, .a~d such other matters
related thereto (a list ofthe modifications is attached hereto as ExhIbIt A).
NO. 08-34
PAGE ?
NOW, THEREFORE, BE IT ORDAINED AND ENACTED, by the Borough Council
afthe Borough ofCarteret, Middlesex County, New Jersey, as [0110\\'5:
Section 1. Other than the modifications to the Draft Redevelopment Plan as
set forth in Exhibit A attached hereto, the recommendations of the Planning Board as set
forth in its May 28, 2008 resotution are hereby accepted.
Section 2. The Redevelopment Plan, a copy of which is attached hereto as
Exhibit B and includes those modifications to the Draft Redevelopment Plan as set forth
in Exhibit A attached hereto, is hereby adopted as the official redevetopment ptan for the
Redevelopment Area.
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 Redevelopment Area and the Borough's Land Development Ordinance as it affects
the Redevelopment Area is hereby superseded by the Redevelopment Plan to the extent
set forth therein.
Section 4. Any and all ordinance or resolutions of the Borough, or provision
thereof, inconsistent with the provisions of this Ordinance shall be and are hereby
repealed as to the extent of any such inconsistencies.
Section 5. If any section, subsection, part, clause or phrase of this Ordinance
or the Redevelopment Plan shalt be declared invatid by judgment of any Court of
competent jurisdiction, such section, subsection, part, clause or phrase shall be deemed to
be severable from the remainder of this Ordinance or the Redevelopment Plan, as
applicabte.
Section 6. This Ordinance shall take effect upon final passage and publication
in accordance with applicable law.
COUNCILMAN
DO NOT USE SPACE. BELOW THIS LINE
RECORD OF COUNCIL VOTE
YES NO NY A.B. COUNCILl\-IAN
YES NO NV A.B.
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KRUM
NAPLES
SITARZ
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x _ Indicate Vote AB - Absent NV . Not Voting XOR - Indicates Vote to Overrule Veto
e Borough of"Carteret, N.J., on AUV1Rt 21, ?OOB
September 25, 2008 7
e:
/'
ON
MUNl IPAt.: R
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EXHIBIT A
Modifications to Draft Redevelopment Plan
I. Amend Section 3.4 to allow a new category (category #4) to be included within
Table I as follows:
"4. Bio-diesel storage and distribution facilities."
II. Amend Article 4.0 to delete in its entirety Table V included therein.
II. Amend Section 4.1 to read in its entirety as follows:
"4.1 Property Acquisition
Kinder Morgan owns the properties and right-of-way located
within the Kinder Morgan Redevelopment Area. The Redevelopment
Entity does not intend to acquire any property within the Kinder Morgan
Redevelopment Area. This Redevelopment Plan does not authorize the
use of eminent domain by the Redevelopment Entity."
III. Amend Section 4.2 to read in its entirety as follows:
"4.2 Relocation
The implementation of this Redevelopment Plan is not anticipated
to require the relocation of any residences or businesses with the Kinder
Morgan Redevelopment Area as Kinder Morgan owns the prope11ies and
right-of-way located within the Kinder Morgan Redevelopment Area and
this Redevelopment Plan does not authorize the use of eminent domain to
acquire any property within the Kinder Morgan Redevelopment Area"
N. Section 6.3 is hereby deleted in its entirety.
Affidavit of Publication
Publisher's Fee $23.76 Affidavit Charge $25.00
,..;tate of New Jersey
Middlesex County
Personally appeared Manju Gupta
Of the Home News Tribune, a newspaper printed in Freehold, New lei'sey and published in NEPTUNE,
in said County and State, and of general circulation in said county, who being duly sworn, deposeth and saith
that the advettisement of which the annexed is a true copy, has been published in the said newspaper
1 times. once in each issne as follows:
} SS.
8/26/08
CA'" wr;;"JE " "'I' 1:1' ,,~
~ Illbl"I'i. I~I, yy 6 nl~l.J
NOTAfW PUBLIC OF NEW JERSEY
MY COMr.ISSiON rXPlflES ,JUNE 1, 2012 ,
.~ /J!.Jrl~
Notary Public of New Jersey
A.D. 2008
BOROUGH or CARJERET
ORDINANCE #08.34
Notice of Pending Ordinance and Summary
,,;c Ordinance, the summaI}' terms of which are Included herein, was
introduced and passed upon first reading at a meeting of the governing body of
the Borough of Carteret} in the County of Middlesex State of New Jersey, on
August 21, 2008. It Will be further considered for final passage, after public
hearing thereon, at a meeting of trn:: governing body to be held at Borough
Hal! 61 Cooke Avenue, carteret, New Jersey, on September 25, 2008 at
6:06 p.m, During the week plior to and up to and inclUding the date of such
meeting, caples of the full Ordinance wlll be avaj!,;ble at no cost and during
regular"business houtS at the Clem's office for the membetS of the general pub-
lic who shall request the same. The summary of the terms of wen Ordinance
folloWS;
Title: AN ORDiNANCE OFTHE BOROUGH OF
CARTERET ADOPTING THE
KINDER MORGAN REDEVELOPMENT PtAN
Purpose(s): This Ordinance authorizes the adoption of the Kinder Morgan
Redevelopment Plan, all in accordance with and pursuant to
N.J.SA 40A:12A-l etseo.
'Kathleen M, 8a,e~3~~Ugh Clerk
($23,76)
AFFIDAVIT OF PUBLICATION
The following is a true copy of an Ordinance or Resolution of
the Borough of Carteret that has appeared in the Home News
Tribune, a newspaper which is printed in Freehold, New
Jersey and published in Neptune, in said County and State and
of general circulation in said county. One (ll times, once in
each issue as follows:
AUl!Ust 26. 2008
~~ 0 ~../
Notary Public of New Jersey
LINDA A RIVERA
NOTARY PUBLIC OF NEW JERSEY
MY COMMISSION EXPIRES MAY 2,2011
Sworn and subscribed before
me this.;(~ day of..J~ ~I
,).. d) f
~~c?/~:Ji?-I:(A_~/Lec:~
Kathleen M. Barney, MMC j
Municipal Clerk
0-
o ~ -~y
AFFIDAVIT OF PUBLICATION
The following is a true copy of an Ordinance or Resolution of
the Borough of Carteret that has appeared in the Home News
Tribune, a newspaper which is printed in Freehold, New
Jersey and published in Neptune, in said County and State and
of general circulation in said county. One ill time(s), once in
each issue as follows:
October 2. 2008
d;{~ (7 ~
Notary Public of New Jersey
LINDA A RIVERA
NOTARY PUBLIC OF NEW JERSEY
MY COMMISSION EXPIRES MAY 2, 2011
Sworn and subscribed before
me this~ day of 0 ~
(
.;;l w!,
. ;;
~e.Gj;/$plU~
Kathleen M. Barney, MM~J .
Municipal Clerk '
- 0-
b't;'34