TO: Planning Board

FROM: Mayor and Council

DATE: January 10, 2002

The Mayor and Council received the Planning Board’s December 18, 2001 report concerning the Redevelopment Plan and Ordinance No. 01-24-R via correspondence dated December 27, 2001 and considered the changes and recommendations in the report at its January 3, 2002 meeting. In consultation with Richard Preiss, who was present at that meeting, the Mayor and Council responds below to the fourteen points of the Planning Board’s report. Where it is indicated below that changes will be made to the Redevelopment Plan, those changes will be incorporated in a Redevelopment Plan that will be introduced on first reading by Ordinance 02-01-R and then referred to the Planning Board anew pursuant to N.J.S.A. 40A:12A-7(e).

Response: The Mayor and Council agree with the essence of this recommendation and will amend the report to indicate that adequate off-street parking shall be provided. In conjunction with Planning Board Recommendation No. 4 below, the Redevelopment Plan will state: "To facilitate the smooth flow of traffic, reduce traffic hazards and provide for maximum security of life and property, it is the policy of the Borough that off-street parking shall be provided for all premises to the maximum extent possible."

Planning Board Recommendation No. 2: Senior housing should be considered as part of the mix of housing built within the redevelopment area.

Response: The provision of housing for senior citizens will be added as a goal of the Redevelopment Plan.

Planning Board Recommendation No. 3: Under Section V, paragraph (F) of the Redevelopment plan, the word "forty (40)" should be replaced with the word "twelve (12)". The revised paragraph should read: "The provisions of this plan specifying the redevelopment of the Redevelopment Area and the requirements and restrictions with respect thereto shall be in effect for a period of twelve (12) years from the date of approval of this plan by the Council of the Borough of Fanwood."

Response: The Mayor and Council agree to this change.

Planning Board Recommendation No. 4: The Redevelopment Plan should incorporate language from the Borough zoning code stating it is the public policy of the Borough of Fanwood that on-site parking be provided to the maximum extent possible.

Response: See Response to Planning Board Recommendation No. 1, above.

Planning Board Recommendation No. 5: The diversity of retail establishments within the Redevelopment Area should be encouraged.

Response: A diversity of retail establishments will be added as a goal of the Redevelopment Area and will also be set forth as a goal in the request for qualifications (RFQ).

Planning Board Recommendation No. 6: All existing trees within the Redevelopment Area should be preserved to the maximum extent possible. Consultation with the Shade Tree Commission should be required for all site plan approvals.

Response: The plan will be amended to indicate that existing trees should be preserved whenever possible. When trees are removed, they shall be replaced by a tree whose planting height is no less than 6 feet, with a minimum caliper of 3 inches. The Shade Tree Commission shall be consulted in the selection of trees. The goal of tree preservation shall also be stated as a goal in the Redevelopment Plan.

Planning Board Recommendation No. 7: The Borough Health Officer should be consulted with regard to potential impacts of the Redevelopment Plan on the businesses subject to health regulation for food storage preparation or sale.

Response: While the Borough Health Officer may be consulted, consultation will not be added as a requirement of the Redevelopment Plan as such a requirement is not a land use/zoning matter.

Planning Board Recommendation No. 8: Any redevelopment agreement between the Borough and a private developer should stipulate that the developer must maintain existing rent levels for existing businesses located in the Redevelopment Area, whether or not they move from one space to another, with phased increases permitted over time.

Response: Upon advice from Mr. Preiss, a "rent stabilization" clause cannot be added to the Redevelopment Plan. However, the RFQ and the agreement between the designated developer and Borough will include a statement that expresses a desire on the part of the Borough to have developers provide a right of first refusal to retail tenants who would be displaced by the redevelopment.

Planning Board Recommendation No. 9: The Council should consult with a financial advisor to assess the potential impact of the Redevelopment Plan on the Borough.

Response: The RFQ and developer’s agreement will require a fiscal impact analysis to be prepared by the designated developer to assure a positive tax impact as a result of redevelopment.

Planning Board Recommendation No. 10: The Redevelopment Plan should include a clause that requires the residential and commercial parts of the Redevelopment Area to be developed with requirements ensuring that the existing commercial district is not developed in a manner secondary to the residential development.

Response: The RFQ and, to the extent practicable, the developer’s agreement will require a phasing plan to ensure that the retail redevelopment be phased in prior to the completion of the residential redevelopment.

Planning Board Recommendation No. 11: Any redevelopment agreement between the Borough and a private developer should require the developer to engage in marketing activities to promote commercial investment and development in the Redevelopment Area.

Response: The RFQ and the developer’s agreement will require the designated developer to provide a marketing plan for the Redevelopment Area.

Planning Board Recommendation No. 12: The Mayor should appoint a "Blue Ribbon" panel of landowners, business owners and other stakeholders to assist the Council in preparing a Request for Qualifications and a Request for Proposals for the development of the site.

Response: The Request for Qualifications will be prepared by the Borough’s professional staff and then a draft will be reviewed with the "Blue Ribbon" panel.

Planning Board Recommendation No. 13: The Downtown Revitalization Coordinator should consult with all property owners and business owners in the Redevelopment Area to identify their concerns. The Coordinator shall prepare a written summary of those concerns.

Response: The Coordinator will consult with property and business owners in the Redevelopment Area and prepare a written summary of their concerns.

Planning Board Recommendation No. 14: Under Section III, paragraph (B)(4)(f), the word "five (5)" shall be replaced with the word "seven (7)", and the word "ten (10) shall be replaced with the word "fifteen (15). The revised paragraph should read: "The yard setback between a residential building and a street shall be a minimum of seven (7) feet and a maximum of fifteen (15) feet."

Response: The Mayor and Council agree with this change and the change will be made to the Redevelopment