[1973 Code § 115-1; Ord. No. 11-22-78]
Such lands have been or will be declared blighted by the Planning Board in that such lands have been vacant land unimproved for a period of 10 years prior to such determination and which lands were determined by reason of their location, remoteness from developed sections of the municipality, topography, nature of the soil, and condition of the title, to be not likely to be developed through the instrumentality of private capital, and further that such lands have remained in an unproductive condition.
A redevelopment plan for the proper development of such lands has been studied and recommended by the Planning Board.
The Mayor and Town Council hereby finds that such plan provides an outline for the replanning, development and redevelopment of the area sufficient to indicate:
a.
The plan's relationship to definite local objectives as to appropriate land uses, density of population and improved traffic, public transportation, public utilities, recreational and community facilities and other public improvements.
b.
Proposed land uses and building requirements in the area.
Such lands declared or to be declared blighted are as indicated on the tax map of the Town of Kearny as follows:
Block 285 | Lot 11 | 32.13 acres |
Block 285 | Lot 13 | 1.32 acres |
Block 286 | Lot 22 | 1.60 acres |
Block 286 | Lot 24 | 4.00 acres |
Block 286 | Lot 30 | 34.70 acres |
Block 286 | Lot 33 | 55.30 acres |
Block 287 | Lot 7 | 38.40 acres |
Block 287 | Lot 18 | 17.13 acres |
Block 287 | Lot 19 | 17.00 acres |
Block 287 | Lot 20 | 17.00 acres |
Block 287 | Lot 21 | 2.92 acres |
Block 287 | Lot 21 | 2.92 acres |
Block 287 | Lot 22 | 0.66 acres |
Block 287 | Lot 28 | 1.60 acres |
Block 287 | Lot 30 | 5.50 acres |
Block 287 | Lot 31 | 22.00 acres |
Block 287 | Lot 33 | 24.40 acres |
Block 287 | Lot 34 | 4.77 acres |
Total Acres | 280.43 acres |
[1973 Code § 115-2; Ord. No. 11-22-78]
The redevelopment plan set forth verbatim in subsection 28-1.3 hereof and as recommended by the Kearny Planning Board be and the same is hereby approved.
[1973 Code § 115-3; Ord. 11-22-78]
a.
The essentials of the Redevelopment Plan in its present stage are as follows:
1.
Initially, it is proposed that a tract of approximately 40 acres (the "First Redevelopment Parcel") be developed by constructing on it two major industrial buildings having a total of at least 500,000 square feet of floor area.
In addition to the above improvements to the First Redevelopment Parcel, the Redeveloper selected by the Town shall be required to provide land improvements (including, but not limited to, fill, roads, utility access lines lights, etc.) having a value of at least $1,000,000, which land improvements shall be pursuant to schematic plans approved by the Town, and shall be designed, installed, and constructed so as to provide access, and public utilities for the Redevelopment Area.
2.
The specific goals of the Kearny Meadowlands Redevelopment Area Redevelopment Plan (the "Redevelopment Plan") are to develop a significant portion of the presently unimproved and vacant portion of the Meadowlands into a viable industrial park, to aid industrial expansion of local industry and to provide for adequate regional industrial growth, to increase job opportunities for residents of Kearny and residents of the region surrounding the Redevelopment Area, and to provide a design concept that will have a positive effect on the Redevelopment Area and on the surrounding area.
[1973 Code § 115-4; Ord. No. 11-22-78]
The following tax lots are included:
a.
Block 285, Lot 11, 32.13 acres; Block 285, Lot 13, 1.32 acres; Block 286, Lot 22, 1.6 acres; Block 286, Lot 24, 4 acres; Block 286, Lot 30, 34.7 acres; Block 286, Lot 33, 55.30 acres; Block 287 Lot 7, 38.4 acres; Block 287, Lot 18, 17.13 acres; Block 287, Lot 19, 17 acres; Block 287, Lot 20, 17 acres; Block 287, Lot 21, 2.92 acres; Block 287, Lot 22, 0.66 acres; Block 287, Lot 28, 1.60 acres; Block 287, Lot 30, 5.5 acres; Block 287, Lot 31, 22 acres; Block 287, Lot 33, 24.40 acres; Block 287, Lot 34, 4.77 acres.
b.
See map incorporated herein by reference as Exhibit 1, on file in the office of the Town Clerk, which is a map prepared from Tax Map information and does not represent field survey of the Redevelopment Area.
[1973 Code § 115-5; Ord. No. 11-22-78]
The Town of Kearny acting pursuant to applicable law, proposes to develop an industrial center in the Meadowlands area of Kearny. The site, designated as the Kearny Meadowlands Redevelopment Area (hereinafter "Redevelopment Area") consists of approximately 280 acres and is more particularly described in subsection 28-1.4.
[1973 Code § 115-6; Ord. No. 11-22-78]
a.
The Town Council will lease for redevelopment, and/or grant options to lease for redevelopment, to a Redeveloper, subject to the restrictions, controls and requirements of this Redevelopment Plan, all or any part of the Redevelopment Area available for disposition as a result of public action heretofore taken by the Town and under this Plan.
b.
The Town will negotiate with a responsible Redeveloper to lease for redevelopment and/or grant options to lease for redevelopment all or any portion of the Redevelopment Area. The Redeveloper shall be obligated by appropriate conditions in any disposition agreement (including for this purpose, any lease agreement, or option agreement, which functions in part as a disposition agreement) ("Agreement") to carry out the objectives of this Plan. The redevelopment of the Redevelopment Area may be completed in stages; in that event, the Redeveloper will be obligated to construct the Improvements on the Redevelopment Area within reasonable time periods in accordance with this Plan as determined by the Town Council; and, more particularly, in accordance with a timetable set forth in the Agreement. The selected Redeveloper will agree for itself, its successors and assigns, and every successor in interest to the Redevelopment Area, or any part thereof, that the Redeveloper, and such successors and assigns, shall promptly begin and diligently prosecute to completion the redevelopment of each Lot which is a part of the Redevelopment Area through the construction of the Improvements thereon, and that such construction shall in any event be begun within the period specified in the Agreement as applicable to such Lot, and shall be completed within the period specified in the Agreement, as so applicable. Such agreements and covenants shall be covenants running with the land and they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement itself, to the fullest extent permitted by law and equity, be binding for the benefit of the community and the Town and enforceable by the Town against the selected Redeveloper and its successors and assigns to or of the Redevelopment Area or any part thereof or any interest therein.
c.
The Agreement shall contain a provision that the Redeveloper and any successors in interest may not restrict the sale, lease or occupancy of the Redevelopment Area or any Improvements to be constructed thereon on the basis of race, color, creed, religion, ancestry, national origin, sex or marital status, and a provision that the Redeveloper and any successors in interest will comply with all State and local laws, in effect from time to time, prohibiting discrimination or segregation by reason of race, color, creed, religion, ancestry, national origin, sex or marital status.
d.
Redeveloper shall agree to devote the property within the Redevelopment Area to, and only to and in accordance with, the uses specified in this Plan.
e.
Redeveloper shall be required to agree to appropriate covenants and restrictions that will assure that, except only:
1.
By way of security for, and only for (a) the purpose of obtaining financing necessary to enable the Redeveloper, or any successor in interest to the Redevelopment Area, or any part thereof, to perform its obligations with respect to making the Improvements under the Agreement, and (b) any other purpose authorized by the Agreement; or
2.
As to any individual part of the Redevelopment Area as to which the Improvements to be constructed thereon have been completed, and which, by the terms of the Agreement, the Redeveloper is authorized to convey or lease as such Improvements are completed; or
3.
As to any individual part of the Redevelopment Area (a) as to which the Improvements proposed to be constructed or completed thereon are to be built or completed by a Redeveloper having a "substantial identity of interest" with the Redeveloper (that is, at least 51% of such Redeveloper is owned beneficially by some or all of the persons who own Redeveloper), and (b) which, by the terms of the Agreement, the Redeveloper is authorized to convey or lease in order to effectuate the completion of such Improvements in accordance with the Agreement, the Redeveloper (except as so authorized) will not make or create, prior to the proper completion of the Improvements as certified by the Town, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Redevelopment Area, or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the Town; provided, however, that
(1)
Prior to the issuance by the Town of the certificate provided for in the Agreement evidencing completion of construction of the Improvements, the Redeveloper may enter into an agreement to sell, lease, assign or otherwise transfer, the Redevelopment Area, or any part thereof, or interest therein i. at any time, to a Redeveloper with whom the Redeveloper has a "substantial identity of interest" (as described above), and ii. after the issuance by the Town of such certificate, to any person, provided, however, that, in this latter case, such agreement shall provide that no payment of or on account of the purchase price or rent (other than a deposit) for the Redevelopment Area, or the part thereof or the interest therein to be so transferred, may be made, prior to the issuance of such certificate;
(2)
After the issuance by the Town of such certificate, the Redeveloper may enter into an agreement to sell, lease, assign or otherwise transfer, the portion of the Redevelopment Area covered by such certificate or any subdivision thereof, to any person.
f.
The Town shall be entitled to require, except as otherwise provided in the Agreement, as conditions to any approval of any such transfer, that:
1.
Any proposed transferee shall have the qualifications and financial responsibility, as determined by the Town, necessary and adequate to fulfill the obligations undertaken in the Agreement by the Redeveloper (or, in the event the transfer is of or relates to part of the Redevelopment Area, such obligations to the extent that they relate to such part), provided, however, that, for this purpose, the Town shall agree that a Redeveloper with whom the Redeveloper has a "substantial identity of interest" (as described) shall be deemed to satisfy the requirements of such provision.
2.
Any proposed transferee, by instrument in writing satisfactory to the Town and in recordable form shall, for itself and its successors and assigns, and expressly for the benefit of the Town, have expressly assumed all of the obligations of the Redeveloper under the Agreement and shall have agreed to be subject to all the conditions and restrictions to which the Redeveloper is then subject, (or, in the event the transfer is of or relates to part of the Redevelopment Area, such obligations, conditions, and restrictions to the extent that they relate to such part).
3.
There shall be submitted to the Town for review all instruments and other legal documents involved in effecting such transfer; and, if approved by the Town its approval shall be indicated to the Redeveloper in writing.
4.
The consideration payable for the transfer by the transferee or on its behalf shall not exceed an amount representing the actual cost (including carrying charges) to the Redeveloper of the Redevelopment Area (or allocable to the part thereof or interest therein transferred) and any Improvements (including, for this purpose, any land improvements made pursuant to the Agreement), theretofore made by it thereon or allocable thereto, it being the intent of such provision of the Agreement to preclude assignment of the Agreement or transfer of any part of the Redevelopment Area for profit prior to the completion of the Improvements thereon and to provide that in the event any such assignment or transfer is made (and is not cancelled), the Town shall be entitled to increase the rental therefor to the Redeveloper by the amount that the consideration payable for the assignment or transfer is in excess of the amount that may be authorized pursuant to such provision of the Agreement, and such consideration, shall, to the extent it is in excess of the amount so authorized, belong to and forthwith be paid to the Town.
5.
The Redeveloper and its transferee shall comply with such other conditions as the Town may find desirable in order to achieve and safeguard the purposes of the Redevelopment Plan.
[1973 Code § 115-7; Ord. No. 11-22-78]
Prior to the lease of the First Redevelopment Parcel the Redeveloper shall submit an initial schematic site plan to the Town Council for its approval. The Council shall approve such plan prior to the execution of any Agreement.
[1973 Code § 115-8; Ord. No. 11-22-78]
The following land use controls and building requirements are hereby imposed and shall apply to all land uses within the redevelopment area designated in subsection 28-1.4.
a.
The land uses permitted and the controls concerning height, building, set-back lines, widths, yards, density and off-street parking spaces, and all other land use regulations, shall be those established by the zoning ordinance for the Town of Kearny in effect on September 1, 1978, which is hereby incorporated herein by this reference.
b.
It is recognized that the Hackensack Meadowlands Development Commission ("HMDC") has jurisdiction and final authority for the land use controls applicable to the Redevelopment Area, since the lands lie within the Hackensack Meadowlands District. Accordingly, in the event of a conflict or difference between any regulation or standard contained in the Town of Kearny zoning ordinance and the Town of Kearny Comprehensive Master Plan, and any subdivision regulation, zoning regulation, or any other land use regulation or standard, established by the HMDC, the HMDC regulation or standard shall control.
c.
It is the intention of this Plan to permit development consistent with that permitted by the HMDC. Any amendment to any regulation, standard, or control imposed by the HMDC shall govern all redevelopment within the Redevelopment Area, unless the applicable Town zoning ordinance is more restrictive, in which event the Town's zoning ordinance shall control; provided, however, that nothing herein shall be deemed to prohibit a Redeveloper from challenging, by appropriate administrative or judicial proceedings, the validity, applicability, or reasonableness, of any regulation, standard or control which may be adopted by the HMDC or any determination of the HMDC relating to the Redevelopment Area. The Town reserves the right, in any such proceeding, to intervene on behalf of the position taken by such Redeveloper.
d.
This Plan further recognizes that the HMDC has established elaborate procedures and regulations for the submission of development plans or projects to be constructed within the Redevelopment Area. Therefore, Redeveloper shall submit copies of all development plans or projects to be constructed within the Redevelopment Area, to HMDC, and Redeveloper shall simultaneously submit copies of all plans submitted to HMDC to the Town. The Town shall review such plans to determine whether they meet the criteria established by this Plan and by any Agreement with the Redeveloper. In all other respects the Town's review of plans shall be advisory.
e.
The Town shall review and approve all redevelopment plans within 30 days after the date of submission thereof to the Town by the Redeveloper and, if no comment is made within 60 days after the date of submission thereof, the plan submitted shall be deemed approved.
[1973 Code § 115-9; Ord. No. 11-22-78]
a.
This Plan is in conformity with the approved Comprehensive Master Plan of the Town of Kearny, provides an outline for the replanning, redeveloping of the Redevelopment Area, and is sufficiently complete to indicate its relationship to definite local objectives as to appropriate land uses, density of population and improved traffic, public utilities, and other public improvements.
b.
In particular, it is hereby determined that the development of the Redevelopment Area in accordance with this Plan will serve to achieve Kearny's planning policies which have been enunciated in the Comprehensive Master Plan as follows:
1.
To maintain and enhance areas of stability in the community; also to protect those areas from adverse environmental conditions.
2.
To provide an orderly and planned program for areas which are or will be subject to change and modification in the future.
3.
To beautify areas of the community, wherever possible, recognizing that aesthetic, environmental and ecological considerations are equally as important as other development factors.
4.
To provide adequate services and facilities to all portions of the community within the financial capabilities of the Town.
5.
To maintain continuous liaison with all of the Town's neighboring communities, the Hackensack Meadowlands Development Commission, the Hudson County Planning Board and other governmental agencies.
6.
To continue to maintain and improve community, neighborhood and citizen participation in the planning process.
7.
To maintain and improve the street and circulation system in Kearny through the reduction of hazardous areas, noise and other environmental deficiencies as well as the improved accessibility and convenience to all areas of the community.
[1973 Code § 115-10; Ord. No. 11-22-78]
a.
Relocation. The proposed Redevelopment Area consists entirely of vacant land; therefore, there will be no displacement of existing businesses, families or individuals. Existing dumping operations presently being permitted by the Town under lease arrangement will be relocated, to the extent legally permissible, to other areas as required by project developments.
b.
Other Approvals. The Redevelopment Area is located within the Hackensack Meadowlands District and thus comes within the jurisdiction of the Hackensack Meadowlands Development Commission. This Plan recognizes HMDC's jurisdiction and authority and incorporates the Master Plan of HMDC and its land use controls and regulations as set forth in subsection 28-1.8. It is further recognized that the Redevelopment Area is located in a wetland and that, therefore, appropriate State and Federal requirements relating to wetlands must be complied with as a precondition to development by a Redeveloper.
[1973 Code § 115-11; Ord. No. 11-22-78]
This Redevelopment Plan may be amended from time to time upon compliance with all requirements of applicable law; provided, that, with respect to any land in the Redevelopment Area under lease and/or option for ultimate use in accordance with the Redevelopment Plan, the Town must receive the prior written consent of any lessee and/or optionee whose interest may be materially adversely affected by such amendment.
[1973 Code § 115-12; Ord. No. 11-22-78]
This Plan and any amendments thereof, shall remain in full force and effect for a period from the date of its adoption to and including December 31, 2008.
[1973 Code § 115-13; Ord. No. 5-16-79]
The Mayor and Town Council hereby finds that such plan provides an outline for the replanning development and redevelopment of such area sufficient to indicate:
a.
The Plan's relationship to definite local objectives as to appropriate land uses, density of population and improved traffic, public utilities, recreational and community facilities and other public improvements.
b.
Proposed land uses and building requirements in the area. Such lands declared or to be declared blighted are as indicated on the tax map of the Town of Kearny as follows:
Block 205 | Lot 19 |
Block 284 | Lot 29 |
Block 285 | Lot 14 |
Block 285 | Lot 17 |
Block 286 | Lot 4 |
Block 286 | Lot 47 |
[1973 Code § 115-14; Ord. No. 5-16-79]
The Redevelopment Plan set forth verbatim in subsection 28-2.3 hereof and as recommended by the Kearny Planning Board by and the same is hereby approved.
[1973 Code § 115-15; Ord. No. 5-16-79]
TABLE OF CONTENTS | ||
|---|---|---|
Text. | ||
A. | TABLE OF CONTENTS | |
B. | DESCRIPTION. | |
(1) | Boundaries of Redevelopment Area. Redevelopment Plan Objectives. Types of Proposed Redevelopment Action. | |
C. | LAND USE PLAN | |
(1) | Land Use and Zoning. | |
(2) | Land Use Provisions and Building Requirements. | |
D. | PROCEDURES FOR MODIFICATION IN APPROVED PLAN | |
Tables | ||
(1) | Building and Yard Requirements | |
Maps | ||
The following maps dated June 1979 are incorporated herein by reference, and are on file in the office of the Town Clerk. Map 1, Project Boundary. Map 2, Existing Zoning Map. Map 3, Proposed Zoning Map. | ||
Exhibits | ||
Exhibit A, Lot Designations. Exhibit B, Design Objectives. | ||
[1973 Code § 115-16; Ord. No. 5-16-79]
a.
Boundaries of Redevelopment Project. The South Kearny Redevelopment Area is located in the City of Kearny, County of Hudson, State of New Jersey and is bounded as shown on Map 1, Project Boundary Map and as described in Exhibit A.[1]
[1]
Exhibit A is included as an attachment to this chapter.
b.
Redevelopment Plan Objectives. The basic goal for this area is to develop a significant portion of the presently unimproved and vacant portion of the South Kearny area into functional and aesthetically pleasing complexes which will contain business and industrial activities. Specifically, renewal activities for the Redevelopment Area will be undertaken to conform with the following objectives:
1.
The development of viable industrial areas to aid industrial expansion of local industry.
2.
The development of new employment centers to improve the economic activity of the redevelopment area and to create additional job opportunities.
3.
The improvements of the Town's tax base by developing previously underutilized areas.
c.
Type of Redevelopment Action. Proposed redevelopment action in the project area shall include:
1.
Installation and construction of streets, public utilities and services and site improvements essential to the preparation of sites for uses in accordance with the Redevelopment Plan.
2.
The lease or otherwise transfer of real property or any interest herein acquired for redevelopment in accordance with the land use provisions and other controls of this Redevelopment Plan.
[1973 Code § 115-17; Ord. No. 5-16-79]
a.
Land Use and Zoning. Permitted land uses are located on the Zoning Maps, Map 2 and 3 showing existing and proposed Town zoning requirements respectively.
b.
Land Use Provisions and Building Requirements. In order to achieve the objectives of the Redevelopment Plan, the redevelopment and use of the land within the project area will be made subject to the regulations and controls specified in this paragraph b. In the event of a conflict between the Redevelopment Plan and zoning or other Town ordinances, the more restrictive control will govern.
1.
Uses to Be Permitted. The permitted uses shall be:
(a)
Industrial:
(1)
Any production, processing, manufacture, fabrication, cleaning, servicing, testing, repair or storage of goods, materials or products, and business offices accessory thereto, but not including the storage of flammable or explosive materials as a principal use.
(2)
Establishments for scientific research and development, and business offices accessory thereto, where the manufacturing, fabrication, production, repair, storage, sale and resale of materials, goods and products is incidental and accessory to the principal use of scientific research and development.
(3)
Business or commercial establishments which provide supplies and/or services primarily to industrial and manufacturing customers, employees and business offices accessory thereto.
(4)
Automobile service stations.
(5)
Automobile and truck leasing and sales, exclusive of semi-trailers.
(6)
Boat sales, rental and repair.
(7)
Warehouses, wholesale establishments, and other storage facilities.
(8)
Light public utility uses.
2.
Additional regulations to be imposed on real property to be acquired for redevelopment:
(a)
Design objectives. In order to develop a functionally and visually appealing environment in the South Kearny Redevelopment Area. Design Objectives, attached hereto as Exhibit B[1], shall guide development in the area.
[1]
Exhibit B is included as an attachment to this chapter.
(b)
Setback and building regulations. Setback and building regulations for areas to be acquired for redevelopment shall be as specified in Table I, attached hereto.[2]
[2]
Table I is included as an attachment to this chapter.
[1973 Code § 115-18; Ord. No. 5-16-79]
a.
This Redevelopment Plan may be modified at any time, provided that if modified after the lease of real property in the South Kearny Redevelopment Area, the modification may be conditioned upon such approval of the owner, lessee or successor in interest as the Mayor and Town Council may deem advisable and in any event shall be subject to such rights at law or in equity as a lessee or his successor or successors in interest, may be entitled to assert. Where the proposed modifications will substantially change the Redevelopment Plan, the modification shall be formally approved by the Mayor and Council as in the case of an original plan.
b.
Upon the approval by the Mayor and Town Council of a redevelopment plan or of any modification thereof, such plan or modification shall be deemed to be in full force and effect for the respective redevelopment area and the Mayor and Council may then cause such plan or modification to be carried out in accordance with its terms.
[1973 Code § 115-19; Ord. No. 5-16-79]
The following Land Use Controls and Building Requirements are hereby imposed and shall apply to all Land Uses within the Redevelopment Area Designated Section 3.
a.
The land uses permitted and the controls concerning height, building, setback lines, widths, yards, density and off-street parking spaces, and all other land use regulations shall be those established by the zoning ordinance for the Town of Kearny in effect on September 1, 1978, which is hereby incorporated herein by this reference.
b.
It is recognized that the Hackensack Meadowlands Development Commission (HMDC) has jurisdiction and final authority for the land use controls applicable to the Redevelopment Area, since the lands lie within the Hackensack Meadowlands District. Accordingly, in the event of a conflict or difference between any regulations or standard contained in the Town of Kearny zoning ordinance and the Town of Kearny Comprehensive Master Plan, and any subdivision regulation, zoning regulation, and/or any other land use regulation or standard shall control.
c.
It is the intention of this Plan to permit development consistent with that permitted by the HMDC. Any amendment to any regulation, standard, or control imposed by the HMDC shall govern all redevelopment within the Redevelopment Area, unless the applicable Town zoning ordinance shall control; provided however, that nothing herein shall be deemed to prohibit a Redeveloper from challenging, by appropriate administrative or judicial proceedings, the validity, applicability, or reasonableness, of any regulation, standard or control which may be adopted by the HMDC or any determination of the HMDC relating to the Redevelopment Area. The Town reserves the right, in any such proceeding, to intervene in any such proceedings to protect its own legal interests.
d.
This Plan further recognizes that the HMDC has established elaborate procedures and regulations for the submission of development plans for projects to be constructed within the Redevelopment Area. Therefore, Redeveloper shall submit copies of all development plans for projects to be constructed within the Redevelopment Area, to HMDC and Redeveloper shall simultaneously submit copies of all plans submitted to HMDC to the Town. The Town shall review such plans to determine whether they meet the criteria established by this Plan and by any agreement with the Redeveloper. In all other respects the Town's review of plans shall be advisory.
e.
The Town shall review and approve all redevelopment plans within 30 days after the date of submission thereof to the Town by the Redeveloper and, if no comment is made within 60 days after the date of submission thereof, the plan submitted shall be deemed approved.
[1973 Code § 115-20; Ord. No. 5-16-79]
a.
This Plan is in conformity with the approved Comprehensive Master Plan of the Town of Kearny. Provides an outline for the replanning, redeveloping of the Redevelopment Area, and is sufficiently complete to indicate its relationship to defined local objectives as to appropriate land uses, density of population and improved traffic, public utilities, and other public improvements.
b.
In particular, it is hereby determined that the development of the Redevelopment Area in accordance with this Plan will serve to achieve Kearny's planning policies which have been enunciated in the Comprehensive Master Plan as follows:
1.
To maintain and enhance areas of stability in the community; also to protect those areas from adverse environmental conditions.
2.
To provide an orderly and planned program for areas which are or will be subject to change and modification in the future.
3.
To beautify areas of the community, wherever possible, recognizing that aesthetic, environmental and ecological considerations are equally as important as other development factors.
4.
To provide adequate services and facilities to all portions of the community within the financial capabilities of the Town.
5.
To maintain continuous liaison with all of the Town's neighboring communities. The Hackensack Meadowlands Development Commission, the Hudson County Planning Board and other Governmental agencies.
6.
To continue to maintain and improve community neighborhood and citizen participation in the planning process.
7.
To maintain and improve the street and circulation system in Kearny through the reduction of hazardous areas, noise and other environmental deficiencies as well as the improved accessibility and convenience to all areas of the community.
[1973 Code § 115-21; Ord. No. 5-16-79]
a.
Relocation. The proposed Redevelopment Area consists entirely of vacant land; therefore, there will be no displacement of existing businesses, families or individuals. Existing dumping operations presently being permitted by the Town under lease arrangement will be relocated, to the extent legally permissible, to other areas as required by project developments.
b.
Other Approvals. The Redevelopment Area is located within the Hackensack Meadowlands District and thus comes within the jurisdiction of the Hackensack Meadowlands Development Commission. This plan recognizes HMDC's jurisdiction and authority and incorporates the Master Plan of HMDC and its land use controls and regulations as set forth in subsection 28-2.7. It is further recognized that the Redevelopment Area is located in a wetland and that, therefore, appropriate State and Federal requirements relating to wetlands must be complied with as a precondition to development by a Redeveloper.
[1973 Code § 115-22; Ord. No. 5-16-79]
This Redevelopment Plan may be amended from time to time upon compliance with all requirements of applicable law; provided that, with respect to any land in the Redevelopment Area under lease and/or option for ultimate use in accordance with the Redevelopment Plan, the Town must receive the prior written consent of any lessee and/or optionee whose interest may be materially adversely affected by such amendment.
[1973 Code § 115-23; Ord. No. 5-16-79]
This Plan and any amendments thereof, shall remain in full force and effect for a period from the date of its adoption to and including December 31, 2008.
[Ord. No. 2002-O-35]
The plan, a copy of which is on file with the Town Clerk, recommended by the Planning Board in its April 3, 2002 resolution, is hereby approved and adopted and designated "The Schuyler Avenue Redevelopment Plan."
[Ord. No. 2013-48]
The plan, a copy of which is attached, for Block 134, Lots 1, 6, 7, 8, 9, 10, 11, 12 and 13 recommended by the Planning Board on December 4, 2013 is hereby approved and adopted and designated "The Industrial Park Redevelopment Plan." [1]
a.
Pursuant to N.J.S.A. 40A:12A-7, the attached amendment to the Industrial Park Redevelopment Plan prepared by Heyer Gruel & Associates, bearing the notation of "Industrial Park Redevelopment Plan" dated October 2021 is approved, ratified and adopted.[2]
[Added 2-22-2022 by Ord. No. 2022-6]
[2]
Editor's Note: The plan is on file in the Town offices.
[1]
Editor's Note: The plan is on file in the Town offices.
[Ord. No. 2014-17; Ord. No. 2017-45; superseded by Ord. No. 2017-53; Ord. No. 2018-2]
[Ord. No. 2014-54; Ord. No. 2018-17]