[Adopted 8-21-2008 by Ord. No. 08-27]
A. 
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, N.J.S.A. 40A:12A-1 et seq. (the "Redevelopment Law").
B. 
On December 20, 2007, the Borough Council of the 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 11 (the "study area"), constituted an area in need of redevelopment and, if so, to review a redevelopment plan for the study area.
C. 
The Planning Board caused Beacon Planning and Consulting Services, L.L.C. (the "planning consultant") to conduct a preliminary investigation to determine whether the study area should be designated an area in need of redevelopment.
D. 
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 January 2008 (the "report"), concerning the determination of the study area as an area in need of redevelopment.
E. 
On January 23, 2008, the Planning Board reviewed the 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 study area as an area in need of redevelopment.
F. 
The planning consultant concluded in the report and testified to the Planning Board on January 23, 2008, that:
(1) 
The entire study area satisfies the criteria for redevelopment area designation set forth in N.J.S.A. 40A:12A-5g and 5h;
(2) 
Block 192, Lots 2 and 3, also satisfies the criteria set forth in N.J.S.A. 40A:12A-5b and 5d;
(3) 
Block 202, Lots 9, 10 and 11, also satisfies the criteria set forth in N.J.S.A. 40A:12A-5c;
(4) 
Block 192, Lot 2, also satisfies the criteria set forth in N.J.S.A. 40A:12A-5e; and
(5) 
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.
G. 
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 Redevelopment Law.
H. 
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 N.J.S.A. 40A:12A-5g and 5h; (ii) Block 192, Lots 2 and 3, also satisfies the criteria set forth in N.J.S.A. 40A:12A-5b and 5d; (iii) Block 202, Lots 9, 10 and 11, also satisfies the criteria set forth in N.J.S.A. 40A:12A-5c; (iv) Block 192, Lot 2, also satisfies the criteria set forth in N.J.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 the Borough Council found that such conclusion is supported by substantial evidence.
I. 
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").
J. 
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 Redevelopment Area and the Romanowski ROW.
K. 
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 which 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.
L. 
On or about February 8, 2008, the Planning 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.
M. 
On February 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 ROW as an area in need of redevelopment.
N. 
The planning consultant concluded in the supplemental report and testified to the Planning Board on February 27, 2008, that:
(1) 
The Romanowski ROW satisfies the criteria for redevelopment area designation set forth in N.J.S.A. 40A:12A-5h;
(2) 
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
(3) 
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 N.J.S.A. 40A:12A-3.
O. 
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.
P. 
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 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 N.J.S.A. 40A:12A-3, and the Borough Council found that such conclusion is supported by substantial evidence.
Q. 
On June 19, 2008, the Borough Council adopted Resolution No. 08-154, designating the Romanowski ROW as an area in need of redevelopment and amending the Cooke Avenue Scattered Sites Redevelopment Area to include the Romanowski ROW therein.
R. 
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").
S. 
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.
T. 
On February 27, 2008, the Planning Board adopted a resolution of findings and conclusions, determining 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.
U. 
The Borough Council hereby finds that the redevelopment plan is in the best interests of the Borough and now desires to adopt the redevelopment plan.
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 N.J.S.A. 40A:12A-7.