Borough of Milltown, NJ
Middlesex County
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[Ord. No. 02-1120 § 1]
The Redevelopment Plan entitled "Milltown Ford Avenue Redevelopment Plan for Ford Avenue Redevelopment Area" dated March 15, 2002 as attached hereto is hereby adopted.
[Ord. No. 02-1120 §§ 2, 3]
a. 
It is hereby adopted that the above-referenced Redevelopment Plan meets the criteria for adoption of a Redevelopment Plan as set forth in N.J.S.A. 40A:12A-7, and as further specified in the Plan itself.
b. 
It is hereby found and determined that the above-referenced Redevelopment Plan is consistent with the Master Plan of the Borough of Milltown.
[Ord. No. 02-1120 § 4]
The above-referenced Redevelopment Plan shall constitute an overlay zone for the area contained in the Plan. The Zone Map of the Borough of Milltown is hereby amended to designate the area set forth in the Plan as the "Ford Avenue Redevelopment Area."
[Ord. No. 02-1120 § 5]
The name of the Redevelopment Agency previously constituted as the "Ford Avenue Redevelopment Agency" is hereby changed to the "Milltown Ford Avenue Redevelopment Agency."
[1]
Editor's Note: See Chapter 2, Section 2-54, Milltown Ford Avenue Redevelopment Agency.
[Ord. No. 02-1120 § 6]
Uses in the redevelopment area shall be limited to those uses permitted in the Redevelopment Plan. Further, the requirements set forth in the Redevelopment Plan shall supersede Land Subdivision and Land Use Ordinances of the Borough of Milltown in the Redevelopment Area covered by the Plan, to the extent that anything set forth in the Land Subdivision and Land Use Ordinances is inconsistent with the provisions of the Redevelopment Plan. In the case of any inconsistency between this chapter and any prior ordinance with respect to a redevelopment plan adopted by the Borough of Milltown, the provisions of this chapter, and the Plan referenced herein, shall prevail, except as to lots or parcels of land on which redevelopment has actually taken place and structures or improvements built or installed under such prior ordinance and redevelopment plan.
[Ord. No. 02-1120 § 9].
The above-referenced Redevelopment Plan will be on file in the office of the Borough Clerk during normal business hours.
[Ord. No. 04-1185 §§ 1 — 11; Ord. No. 09-1292 §§ 1 —12; Ord. No. 12-1354 §§ 1 —13]
a. 
Amendment - Ordinance No. 04-1185.
1. 
The Redevelopment Plan entitled "Milltown Ford Avenue Redevelopment Plan for Ford Avenue Redevelopment Area" dated March 15,2002 was previously adopted by ordinance by the Borough Council.
2. 
It is hereby found that it is necessary to amend the Redevelopment Plan to facilitate the development of the Ford Avenue Redevelopment Area.
3. 
The Milltown Ford Avenue Redevelopment Plan for the Ford Avenue Redevelopment Area dated July 28, 2004 as attached hereto is hereby adopted as an Ordinance.
4. 
It is hereby found that the above-referenced Redevelopment Plan meets the criteria for adoption of a Redevelopment Plan as set forth in N.J.D.S. 40A:12A-7, and as further specified in the Plan itself.
5. 
It is hereby found and determined that the amended Redevelopment Plan is consistent with the Master Plan of the Borough of Milltown.
6. 
The amended Redevelopment Plan shall constitute an overlay zone for the area contained in the Plan. The Zone Map of the Borough of Milltown is hereby amended to designate the area set forth in the Plan as the "Ford Avenue Redevelopment Area."
7. 
Uses in the redevelopment area shall be limited to those uses permitted in the Redevelopment Plan. Further, the requirements set forth in the Redevelopment Plan shall supersede Land Subdivision and Land Use Ordinances of the Borough of Milltown in the Redevelopment Area covered by the Plan, to the extent that anything set forth in the Land Subdivision and Land Use Ordinances is inconsistent with the provisions of the Redevelopment Plan. In the case of any inconsistency between this Ordinance and any prior Ordinance with respect to a redevelopment plan adopted by the Borough of Milltown, the provisions of this section, and the Plan referenced herein, shall prevail, except as to lots or parcels of land on which redevelopment has actually taken place and structures or improvements built or installed under such prior Ordinance and redevelopment plan.
8. 
All ordinances or parts of ordinances inconsistent with the provisions of this Ordinance shall be and the same are hereby repealed.
9. 
If any paragraph, clause, provision, sentence, or application of this Ordinance is declared invalid for any reason whatsoever, the same shall not affect the validity or constitutionality of any other paragraph, clause, provision, sentence, or application of this ordinance.
10. 
The above-referenced Redevelopment Plan will be on file in the office of the Borough Clerk during normal business hours.
11. 
This ordinance shall take effect upon passage and publication as provided by law.
b. 
Amendment - Ordinance No. 09-1992.
1. 
The Redevelopment Plan entitled "Milltown Ford Avenue Redevelopment Plan for Ford Avenue Redevelopment Area" dated March 15,2002 was previously adopted by Ordinance No. 02-1120 by the Borough Council.
2. 
The Milltown Ford Avenue Redevelopment Plan for Ford Avenue Redevelopment Area was amended by the Borough Council by Ordinance No. 04-1185 on August 23, 2004.
3. 
It is hereby found that it is necessary to further amend the Redevelopment Plan to accommodate the low cost housing component of the Borough of Milltown's Housing Element and Fair Share Plan dated April 2009, other provisions of the Plan which previously restricted the residential component to residents over the age of 55, and other requirements as more specifically set forth in the Amendment to the Redevelopment Plan for the Ford Avenue Redevelopment Area dated May 5,2009.
4. 
The Amendment to the Milltown Ford Avenue Redevelopment Plan for the Ford Avenue Redevelopment Area dated May 5, 2009 as attached hereto is hereby adopted as an ordinance.
5. 
It is hereby found that the above-referenced Redevelopment Plan meets the criteria for adoption of a Redevelopment Plan as set forth in N.J.S.A. 40A:12A-7, and as further specified in the Plan itself.
6. 
It is hereby found and determined that the amended Redevelopment Plan is consistent with the Master Plan of the Borough of Milltown.
7. 
The amended Redevelopment Plan shall constitute an overlay zone for the area contained in the Plan. The Zone Map of the Borough of Milltown is hereby amended to designate the area set forth in the Plan as the "Ford Avenue Redevelopment Area."
8. 
Uses in the redevelopment area shall be limited to those uses permitted in the Redevelopment Plan. Further, the requirements set forth in the Redevelopment Plan shall supersede Land Subdivision and Land Use Ordinances of the Borough of Milltown in the Redevelopment Area covered by the Plan, to the extent that anything set forth in the Land Subdivision and Land Use Ordinances is inconsistent with the provisions of the Redevelopment Plan. In the case of any inconsistency between this ordinance and any prior ordinances with respect to a redevelopment plan adopted by the Borough of Milltown, the provisions of this ordinance, and the Plan referenced herein, shall prevail, except as to lots or parcels of land on which redevelopment has actually taken place and structures or improvements built or installed under such prior ordinance and redevelopment plan.
9. 
All ordinances or parts of ordinance inconsistent with the provisions of this Ordinance shall be and the same are hereby repealed.
10. 
If any paragraph, clause, provision, sentence, or application of this ordinance is declared invalid for any reason whatsoever, the same shall not affect the validity or constitutionality of any other paragraph, clause, provision, sentence, or application of this ordinance.
11. 
The above-referenced Redevelopment Plan will be on file in the office of the Borough Clerk during normal business hours.
12. 
This ordinance shall take effect upon passage and publication as provided by law.
c. 
Amendment - Ordinance No. 12-1354.
1. 
The Redevelopment Plan entitled "Milltown Ford Avenue Redevelopment Plan for Ford Avenue Redevelopment Area" dated March 15, 2002 was previously adopted by Ordinance No. 02-1120 by the Borough Council.
2. 
The Milltown Ford Avenue Redevelopment Plan for Ford Avenue Redevelopment Area was amended by the Borough Council by Ordinance No. 04-1185 on August 23,2004.
3. 
The Milltown Ford Avenue Redevelopment Plan for Ford Avenue Redevelopment Area was further amended by the Borough Council by Ordinance No. 09-1292 on June 8,2009.
4. 
It is hereby found that it is necessary to further amend the Redevelopment Plan to comply with the written opinion of the Honorable James P. Hurley, J.S.C., issued on October 12, 2011, as memorialized by Order entered on January 18, 2012 in the matter of SB Building Associates, L.P., et al. v. The Borough of Milltown, et al., Docket Number: MID-L-9439-06.
5. 
The Amendment to the Milltown Ford Avenue Redevelopment Plan for the Ford Avenue Redevelopment Area dated March 15, 2002, last revised June 2012, as attached hereto is hereby adopted as an ordinance.
6. 
It is hereby found that the above-referenced Redevelopment Plan meets the criteria for adoption of a Redevelopment Plan as set forth in N.J.S.A. 40A:12A-7, and as further specified in the Plan itself.
7. 
It is hereby found and determined that the amended Redevelopment Plan is consistent with the Master Plan of the Borough of Milltown.
8. 
The amended Redevelopment Plan shall constitute an overlay zone for the area contained in the Plan. The Zone Map of the Borough of Milltown is hereby amended to designate the area set forth in the Plan as the "Ford Avenue Redevelopment Area."
9. 
Uses in the redevelopment area shall be limited to those uses permitted in the Redevelopment Plan. Further, the requirements set forth in the Redevelopment Plan shall supersede Land Subdivision and Land Use Ordinances of the Borough of Milltown in the Redevelopment Area covered by the Plan, to the extent that anything set forth in the Land Subdivision and Land Use Ordinances is inconsistent with the provisions of the Redevelopment Plan. In the case of any inconsistency between this ordinance and any prior ordinances with respect to a redevelopment plan adopted by the Borough of Milltown, the provisions of this ordinance, and the Plan referenced herein, shall prevail, except as to lots or parcels of land on which redevelopment has actually taken place and structures or improvements built or installed under such prior ordinance and redevelopment plan.
10. 
All ordinances or parts of ordinance inconsistent with the provisions of this ordinance shall be and the same are hereby repealed.
11. 
If any paragraph, clause, provision, sentence, or application of this ordinance is declared invalid for any reason whatsoever, the same shall not affect the validity or constitutionality of any other paragraph, clause, provision, sentence, or application of this ordinance.
12. 
The above-referenced Redevelopment Plan will be on file in the office of the Borough Clerk during normal business hours.
13. 
This ordinance shall take effect upon passage and publication as provided by law.
d. 
Amendment - Ord. No. 19-1470.
[Added 3-11-2019 by Ord. No. 19-1470]
1. 
On August 23, 2004, the Mayor and Borough Council of the Borough of Milltown adopted Ordinance 04-1185 amending the Redevelopment Plan entitled "Milltown Ford Avenue Redevelopment Plan for the Ford Avenue Redevelopment Area."
2. 
On June 8, 2009, the Mayor and Borough Council of the Borough of Milltown adopted Ordinance 09-1292 further amending the Redevelopment Plan.
3. 
On July 23, 2012, the Mayor and Council of the Borough of Milltown adopted an Amended Ford Avenue Redevelopment Plan by Ordinance 12-1354.
4. 
The Mayor and Council for the Borough of Milltown ("Borough") is considering the amendment to the Redevelopment Plan that are subject to this section ("Amendment") and in doing so recognizes that pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-4(b)(2) and N.J.S.A. 40A:12A-8.K-1, the Borough of Milltown Planning Board ("Planning Board") may study and make recommendations to the Mayor and the Council for the redevelopment of a redevelopment area and the Mayor and Council has referred the proposed amendment to the Planning Board for its review and recommendation.
5. 
Pursuant to N.J.S.A. 40A:12A-7(e), the Planning Board has reviewed the proposed amendment to the Redevelopment Plan to determine, among other things, whether the proposed amendment is consistent with the Borough's Master Plan.
6. 
The Planning Board of the Borough of Milltown found that the Amendment to Subsection 5, "Utilities" in Section E, "Other Provisions/Requirements Applicable to the Redevelopment Project," of the Milltown Redevelopment Plan is consistent with the Master Plan and Off-Tract Improvement Ordinance and the Planning Board recommends adoption of the ordinance to the Mayor and Council, as its report to the Mayor and Council.
7. 
The Mayor and Council of the Borough of Milltown hereby determine that it is appropriate to adopt the proposed amendment to the Redevelopment Plan.
8. 
The Milltown Ford Avenue Redevelopment Plan is amended and supplement so as to eliminate the current Subsection 5, "Utilities," in Section E, "Other provisions/requirements applicable to the Redevelopment Project" and substitute the following:
(a) 
The cost of improving infrastructure (i.e., water, sewer drainage, roadway, traffic lights) on the Redevelopment Site (i.e., "onsite" as that term is defined in N.J.S.A. 40:55D-5) or directly adjacent to the Redevelopment Site (i.e., "offsite" as that term is defused in N.J.S.A. 40:55D-5) shall be borne by the Redeveloper.
(b) 
Upon a determination by the Planning Board that off-tract improvements are necessary in accordance with standards set forth in an off-tract Improvement Ordinance adopted by the Borough, the Redeveloper's required pro-rata share of off-tract improvements shall be determined by the Planning Board in accordance with the standards set forth in such off-tract Improvement Ordinance and shall be paid by the Redeveloper.
(c) 
The terms and conditions for payment of the Redeveloper's pro-rata share and for implementation of any required off-tract improvements, in accordance with an adopted off-tract Improvements Ordinance, shall be memorialized in a separate Development Agreement between the Redeveloper and the Borough.
9. 
All ordinances or parts of ordinances inconsistent herewith are hereby repealed.
10. 
If any section, subsection, sentence, clause, phrase or portion of this section is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.
11. 
This section shall take effect after second reading and publication as required by law.
e. 
Amendment - Ord. No. 19-1481.
[Added 10-15-2019 by Ord. No. 19-1481]
1. 
On April 22, 2002, the Mayor and Borough Council of the Borough of Milltown adopted Ordinance No. 02-1120 approving the Redevelopment Plan entitled "Milltown Ford Avenue Redevelopment Plan for the Ford Avenue Redevelopment Area" dated March 15, 2002.
2. 
On August 23, 2004, the Mayor and Borough Council of the Borough of Milltown adopted Ordinance 04-1185 amending the Redevelopment Plan entitled "Milltown Ford Avenue Redevelopment Plan for the Ford Avenue Redevelopment Area."
3. 
On June 8, 2009, the Mayor and Borough Council of the Borough of Milltown adopted Ordinance 09-1292 further amending the Redevelopment Plan.
4. 
On July 23, 2012, the Mayor and Council of the Borough of Milltown adopted an Amended Ford Avenue Redevelopment Plan by Ordinance 12-1354.
5. 
On February 25, 2019, the Mayor and Council of the Borough of Milltown adopted an Amended Ford Avenue Redevelopment Plan by Ordinance 19-1470.
6. 
The Mayor and Council for the Borough of Milltown ("Borough") is considering the amendment to the Redevelopment Plan that are subject to this section ("Amendment") and in doing so recognizes that pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-4(b)(2) and N.J.S.A. 40A:12A-8.K-1., the Borough of Milltown Planning Board ("Planning Board") may study and make recommendations to the Mayor and the Council for the redevelopment of a redevelopment area and the Mayor and Council has referred the proposed amendment to the Planning Board for its review and recommendation.
7. 
Pursuant to N.J.S.A. 40A:12A-7(e), the Planning Board has reviewed the proposed amendment to the Redevelopment Plan to determine, among other things, whether the proposed amendment is consistent with the Borough's Master Plan.
8. 
The Planning Board of the Borough of Milltown found that the Amendment to Subsection 4E, "Other Provisions/Requirements Applicable to the Redevelopment Project," of the Milltown Redevelopment Plan is consistent with the Master Plan and the Planning Board recommends adoption of the ordinance to the Mayor and Council, as its report to the Mayor and Council.
9. 
The Mayor and Council of the Borough of Milltown hereby determine that it is appropriate to adopt the proposed amendment to the Redevelopment Plan.
10. 
The Milltown Ford Avenue Redevelopment Plan is amended and supplement so as to eliminate the current Subsection 4E, "Other provisions/requirements applicable to the Redevelopment Project," and substitute the following:
(a) 
Section 4E. Other Provisions/Requirements Applicable to Redevelopment Project.
(1) 
Section 1. Residential Units Count and Mix Caps.
(i) 
The overall Ford Avenue Redevelopment Area residential unit count shall not exceed 350 units, including the required 70 affordable units. The residential units mix; unit types, bedroom counts and affordable unit requirements shall be as follows:
[a] 
Seventy affordable units, which shall include 17 affordable senior units if permitted by law.
[b] 
The 70 affordable units must comply with N.J.A.C. 5:80-26.3.
[A] 
At least 50% of the restricted units within each bedroom distribution shall be low-income and the remainder may be moderate-income units;
[B] 
Non-age-restricted affordable units shall be provided in accordance with the following schedule:
One-bedroom
20%
Two-bedroom
Minimum of 30%
Three-bedroom
Minimum of 20%
[C] 
Affordable units, both low- and moderate-income shall be priced, affirmatively marketed, deed restricted, distributed as evenly as practical throughout the project and phased consistent with Milltown Borough's Affordable Housing Ordinance. At least 13%, but not to exceed nine units, of the 70 affordable units shall be made available for occupancy by very-low-income households as that term is defined in N.J.S.A., 52:27D-304.
[D] 
The affordable senior units may all be one bedroom.
[c] 
A minimum of 100 and a maximum of 165 townhouse units (fee simple or condominium):
[A] 
Limited to one- to three-bedroom units.
[B] 
Individual units shall not exceed 2,500 square feet
[d] 
The residual shall be non-age-restricted or age-restricted midrise units, including the 70 affordable units.
[A] 
Of these, the market -rate units shall be provided in accordance with the following schedule:
A minimum of 25% one-bedroom, with a maximum unit square footage of 850 square feet
A maximum of 75% two-bedroom, with a maximum unit square footage of 1,300 square feet
[B] 
The Planning Board may vary these requirements within a range of 5%, plus or minus, for good cause shown and to advance the General Redevelopment Objectives.
11. 
All ordinances or parts of ordinances inconsistent herewith are hereby repealed.
12. 
If any section, subsection, sentence, clause, phrase or portion of this section is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.
13. 
This section shall take effect after second reading and publication as required by law.