Borough of Pompton Lakes, NJ Article XIV Hamburg Redevelopment Plan

[Added 12-12-2018 by Ord. No. 2018-28]

§ 190-91 Declaration of redevelopment area.

A. Identification of properties.

Based upon the recommendation of the Pompton Lakes Planning Board and recognizing the diligent work of the Board, the following properties are hereby declared an area in need of redevelopment pursuant to the provisions of N.J.S.A. 40A:12A-1 et seq.

Property Block/Lot (Zone)

Block 2800 Lot 11

B. Eminent domain condemnation not authorized.

It is further determined by the Borough Council that the use of eminent domain condemnation is NOT authorized in this Redevelopment Plan... No relocation efforts and expenses are therefore necessary, as required to be identified by N.J.S.A. 40:12A-7 a. (3).

§ 190-92 Zoning districts and implementation of the 2018 Pompton Lakes Hamburg Redevelopment Plan N.J.S.A. 40A:12A-7a(2).

So that there may be a provision in Pompton Lakes for capital investment in quality mixed use properties, including the provision of quality retail and residential opportunities, as well as quality community facilities developed in concert with the pre-existing businesses in the HAMBURG Redevelopment Area of Pompton Lakes (HRA 1) and HAMBURG Redevelopment Area Redevelopment Plan provides for the implementation of the following zoning districts and land use patterns as required to be identified by N.J.S.A. 40A:12A-7a (2).

A. The HRA 1 overlay zone shall encompass and include those parcels identified in § 190-91A of this Plan that are located along the Hamburg Turnpike as set forth in the Pompton Lakes HAMBURG Redevelopment Area.

The bulk zoning provisions of the Pompton Lakes HAMBURG Redevelopment Area, HRA 1, shall be established as set forth in the Redevelopment Plan prepared by Maser Consulting, which plan shall, by further ordinance, amend Chapter 190 of the Borough Administrative Code.

The Pompton Lakes Planning Board is hereby authorized to grant deviations (generically referred to as "variances") from this Plan and the underlying existing zoning of the Redevelopment Area. This shall apply only to those properties located in the HRA-1 zoning district.

Those properties located in the existing zones in HAMBURG Redevelopment Area 1 of Pompton Lakes not included in this Plan and not otherwise included in a new zoning district shall maintain their previous zoning.

§ 190-93 Relationship to local objectives (N.J.S.A. 40A:12A-7.a.(1)).

This Redevelopment Plan has as its objectives to promote appropriate land uses, density of population, and improved traffic and public transportation, public utilities, recreational and community facilities and other public improvements. This Plan provides for opportunities in Pompton Lakes to be redeveloped in concert with the pre-existing and envisioned new, service businesses.

This Plan includes land use patterns in the Redevelopment Area(s), and newly created Redevelopment zones, which generally follow the existing Borough zoning regulations applicable to the respective area with certain exceptions.

§ 190-94 Relationship with Master Plans (N.J.S.A. 40A:12A-7.a.(3) and (5)).

A. The Borough of Pompton Lakes is required, as part of the Redevelopment Plan, to indicate any significant relationship to the master plans of contiguous municipalities, the County master plan, and the SDRP. We have reviewed the master plans of the County of Passaic and adjoining municipalities and find that these master plans and public entities are not affected by this Redevelopment Plan. This Plan is also consistent with the SDRP/.

B. The Council finds that this redevelopment plan is consistent with the Borough of Pompton Lakes zoning and Master Plan.

§ 190-95 Designation of Redevelopment Entity.

Pursuant to the authority granted by N.J.S.A. 40A:12A-4(c) of the LRHL, the Pompton Lakes Redevelopment Agency is hereby designated as the Redevelopment Entity for the 2018 Redevelopment Plan and Redevelopment Areas as herein described. The Redevelopment Agency, as Redevelopment Entity, will exercise its powers thereof in accordance with the LRHL. The designated Redeveloper is 9 Hamburg LLC.

§ 190-96 Powers of redevelopment entity.

Pursuant to LRHL, the Council may, pursuant to N.J.S.A. 40A:12A-8 of the LRHL, proceed with the clearance, replanning, development and redevelopment of the designated Redevelopment Area(s), in cooperation with the property owner(s) and, so as to carry out and effectuate said purposes, the Council may:

A. Undertake redevelopment projects, and for this purpose issue bonds in accordance with the provisions of N.J.S.A. 40A:12A-29.

B. Acquire or purchase property for public purposes and clear any area owned or acquired by the Borough of Pompton Lakes. Install, construct or reconstruct streets, facilities, utilities, and site improvements essential to the preparation of sites for use in accordance with the redevelopment plan.

C. Prepare or arrange by contract for the provision of professional services and the preparation of plans by registered architects, licensed professional engineers or planners, or other consultants for the carrying out of redevelopment projects.

D. Arrange or contract with public agencies or redevelopers for the planning, replanning, construction, or undertaking of any project or redevelopment work, or any part thereof; negotiate and collect revenue from a redeveloper to defray the costs of the redevelopment entity, including where applicable the costs incurred in conjunction with bonds, notes or other obligations issued by the redevelopment entity, and to secure payment of such revenue; as part of any such arrangement or contract, provide for extension of credit, or making of loans, to redevelopers to finance any project or redevelopment work, or upon a finding that the project or redevelopment work would not be undertaken but for the provision of financial assistance, or would not be undertaken in its intended scope without the provision of financial assistance, provide as part of an arrangement or contract for capital grants to redevelopers; and arrange or contract with public agencies or redevelopers for the opening, grading or closing of streets, roads, roadways, alleys, or other places or for the furnishing of facilities or for the acquisition by such agency of property options or property rights or for the furnishing of property or services in connection with a redevelopment area.

E. Acquire, lease or convey property or improvements to any other party pursuant to this section, without public bidding and at such prices and upon such terms as it deems reasonable, provided that the lease or conveyance is made in conjunction with a redevelopment plan, notwithstanding the provisions of any law, rule, or regulation to the contrary.

F. Make, consistent with the redevelopment plan: (1) plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements; and (2) plans for the enforcement of laws, codes, and regulations relating to the use and occupancy of buildings and improvements, and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements.

G. Request that the Planning Board recommend, and Council designate particular properties or areas as being in need of redevelopment in accordance with the provisions of this act and make recommendations for the redevelopment of such areas.

H. Study the recommendations of the Planning Board or Borough Administration for redevelopment of the area, including potential redevelopment projects.

I. Publish and disseminate information concerning any redevelopment area, plan or project.

J. Do all things necessary or convenient to carry out its powers.

§ 190-97 Financial agreement.

The Borough of Pompton Lakes may take advantage of financial incentives provided by the Long-Term Tax Exemption Law, N.J.S.A. 40A:20-1 et seq., the Redevelopment Area Bond Financing Act, N.J.S.A. 40A:12A-64 et seq., and/or any other applicable incentive program.