[Adopted 9-25-2008 by Ord. No. 08-34]
A. 
The Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-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.
B. 
By Resolution No. 07-301, duly adopted on December 6, 2007, as amended by Resolution No. 08-46, the Mayor and Council of the Borough of Carteret (the "Borough Council") authorized and directed the Planning Board of the Borough of Carteret (the "Planning Board") to undertake a preliminary investigation to determine 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.
C. 
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 redevelopment.
D. 
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 ("BPCS"), the author of the Redevelopment 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.
E. 
The Planning Board, by a resolution 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 Improvement Area have met one or more of the statutory criteria in the Redevelopment Law.
F. 
On April 10, 2008, the Borough Council adopted Resolution No. 08-97, determining that the Kinder Morgan Improvement Area constitutes an area in need of redevelopment under the Redevelopment Law (the "redevelopment area").
G. 
BCPS prepared a redevelopment plan for the redevelopment area, dated April 2008, for further consideration by the Planning Board (the "draft redevelopment plan").
H. 
On May 28, 2008, the Planning Board adopted a resolution of findings and conclusions endorsing and recommending final adoption of the draft redevelopment plan.
I. 
As permitted in accordance with the Redevelopment Law, specifically N.J.S.A. 40A:12A-7(e) and (f), certain modifications to the to the draft redevelopment plan have been made to:
(1) 
Allow for biodiesel storage and distribution facilities; and
(2) 
Expressly remove the authorization and use of eminent domain, and such other matters related thereto (a list of the modifications is attached hereto as Exhibit A[1]).
[1]
Editor's Note: Exhibit A is on file in the Borough offices.
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, resolution are hereby accepted.
The redevelopment plan, a copy of which is attached hereto as Exhibit B[1] and includes those modifications to the draft redevelopment plan as set forth in Exhibit A attached hereto, is hereby adopted as the official redevelopment plan for the redevelopment area.
[1]
Editor's Note: Exhibit B is on file in the Borough offices.
The Zoning District Map of the Borough's Land Development Ordinance[1] 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.
[1]
Editor's Note: See Ch. 160, Land Development.