17-18 Designating Executive Green as Area In Need of Redevelopment.pdf

1 17-18 January 9, 2018 A Resolution Determining that the Properties Identified as Block 155, Lots 40.02, 40.03, 41.02, 42.01, and 42.02 and Block 155.21, Lot 40 Be Designated as An Area In Need of Redevelopment in Accordance with the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et. seq. WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (the “Redevelopment Law”) authorizes municipalities to determine whether certain parcels of land located therein constitutes an area in need of redevelopment; and WHEREAS, on September 19, 2017, the Township Council for the Township of West Orange (the “Council”) adopted Resolution 212-17 authorizing the Planning Board for the Township of West Orange (the “Planning Board”) to conduct a preliminary investigation to determine whether certain properties, identified as Block 155, Lots 40.02, 40.03, 41.02, 42.01, and 42.02 and Block 155.21, Lot 40 on the Township of West Orange Tax Map, inclusive of any and all streets, “paper” streets, private drives and right of ways (the “Study Area”) meet the criteria set forth as an appropriate non-condemnation area for consideration for the program of redevelopment; and WHEREAS, the Planning Board conducted a preliminary investigation of the Study Area to determine whether it should be designated as a Non-Condemnation Area In Need of Redevelopment in accordance with the criteria and procedures set forth in N.J.S.A. 40A:12A-5 and N.J.S.A. 40A:12A-6; and WHEREAS, as part of the preliminary investigation, Phillips Preiss Grygiel, LLC (“PPG”) 33-41 Newark Street, Third Floor, Suite D, Hoboken, New Jersey prepared an Area in Need of Redevelopment Study (the “Redevelopment Study”) and presented the Redevelopment Study to the Planning Board for its consideration in determining whether the Study Area should be designated as an Area in Need of Redevelopment; and WHEREAS, in addition to the foregoing, PPG prepared a map showing the boundaries of the Study Area and locations of the parcels of property included therein, along with a

2 statement setting forth the basis for its investigation in accordance with N.J.S.A. 40A:12A- 6(b)(1); and WHEREAS, a public hearing was conducted by the Planning Board on November 1, 2017 and December 6, 2017, with notice having been properly given pursuant to N.J.S.A. 40A:12A-6(b)(3); and WHEREAS, after completing its investigation and public hearing on this matter, the Planning Board concluded that there was sufficient credible evidence to support findings that satisfy the criteria set forth in the Redevelopment Law, particularly at N.J.S.A. 40A:12A-5 et seq., for designating the Study Area as a Non-Condemnation Area in Need of Redevelopment and said designation is necessary for the effective redevelopment of the area comprising the Study Area; and WHEREAS, in accordance with the Redevelopment Law and as approved by vote on December 6, 2017 and memorialized by Resolution 18-1, dated January 3, 2018, annexed hereto as Exhibit “A,” the Planning Board recommended to the Council that Block 155, Lots 40.02, 40.03, 41.02, 42.01, and 42.02 and Block 155.21, Lot 40 be designated as a Non- Condemnation Area in Need of Redevelopment; and WHEREAS, the Council considered the Planning Board's recommendation at its regularly scheduled public meeting and held a public hearing with public comment; and WHEREAS, on September 19, 2017, the Council adopted Resolution 213-17 which authorized the retention of PPG to prepare a Redevelopment Plan in the event that the Planning Board would conclude that there was sufficient credible evidence to support findings that satisfy the criteria set forth in the Redevelopment Law, particularly at N.J.S.A. 40A:12A-5 et seq., for designating the Study Area as a Non-Condemnation Area in Need of Redevelopment; and WHEREAS, a Redevelopment Plan to be presented to the Planning Board and the Council is required to effectuate the designation of the Study Area as a Non-Condemnation Area in Need of Redevelopment.

3 NOW, THEREFORE, BE IT RESOLVED that the Township Council hereby accepts the recommendation from the Planning Board of the Township of West Orange and finds that Block 155, Lots 40.02, 40.03, 41.02, 42.01, and 42.02 and Block 155.21, Lot 40 as shown on the official tax map of the Township of West Orange be and are hereby deemed to be a Non- Condemnation Redevelopment Area pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq.; and BE IT FURTHER RESOLVED, that the Township hereby reserves all other authority and powers granted to it under the Redevelopment Law; and BE IT FURTHER RESOLVED, that the Clerk of the Township of West Orange shall forthwith transmit a copy of the within Resolution to the Commissioner of the State of New Jersey Department of Community Affairs for review; and BE IT FURTHER RESOLVED, that within ten (10) days of the Township Council's adoption of the within Resolution, the Clerk of the Township of West Orange shall serve notice of the Township Council's determination and the within Resolution upon all record owners of property within the Non-Condemnation Redevelopment Area, those whose names are listed on the Tax Assessor's records, and upon each person who filed a written objection thereto and stated, in or upon the written submission, an address to which notice of the determination and Resolution may be sent and upon the Commissioner of the New Jersey Department of Community Affairs; and BE IT FURTHER RESOLVED, that PPG, having been previously retained by the Township, has already been authorized and directed to prepare a Redevelopment Plan for the Study Area, including an outline for the planning, development and redevelopment of the Study Area pursuant to N.J.S.A. 40A:12A-7 and present same to the Planning Board and Township Council; and BE IT FURTHER RESOLVED, that the Planning Board shall transmit a report containing its recommendation concerning the Redevelopment Plan to the Township Council. The

4 Planning Board Report shall include an identification of any provisions in the proposed Redevelopment Plan which are inconsistent with the Master Plan and recommendations concerning these inconsistencies and any other matters as the Planning Board deems appropriate; and BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Township Clerk, Chief Financial Officer and Township Planning Board and Planning Board Secretary; and BE IT FURTHER RESOLVED, that a copy of this Resolution shall be made available in the Clerk’s office in accordance with applicable law. Karen J. Carnevale, R.M.C. Susan McCartney Municipal Clerk Council President Adopted: January 9, 2018 4816-5647-9065, v. 1