[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."
[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. 09-1292.
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.
[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.
f.
Amendment
- Ord. No. 2022-1511.
[Added 6-13-2022 by Ord. No. 2022-1511]
1.
The Amendment
to the Ford Avenue Redevelopment Plan dated March 15, 2002, last revised
April 11, 2022 (hereinafter the "Amended Redevelopment Plan"), as
attached hereto is hereby adopted as an ordinance. [Editor's Note:
The plan may be found in the Borough offices.]
2.
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."
g.
Amendment
- Ord. No. 2022-1516.
[Added 10-24-2022 by Ord. No. 2022-1516]
1.
The Amendment
to the Ford Avenue Redevelopment Plan dated March 15, 2002, last revised
April 11, 2022 ( hereinafter the "Amended Redevelopment Plan"), as
attached hereto is hereby adopted as an ordinance. [Editor's Note:
The plan may be found in the Borough offices.]
2.
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."
