AN ORDINANCE
ADOPTING A REDEVELOPMENT PLAN FOR THE BLOCK BOUNDED BY SOUTH AVENUE, MARTINE
AVENUE, LAGRANDE AVENUE AND SECOND STREET IN THE BOROUGH OF FANWOOD, NEW JERSEY
PURSUANT TO THE LOCAL REDEVELOPMENT AND HOUSING LAW, N.J.S.A. 40A:12A-1, ET
SEQ.
BE IT ORDAINED by the Mayor
and Council of the Borough of Fanwood, County of Union, State of New Jersey, as
follows:
Section I.
Introduction.
A.
By Resolution 00-10-144, the Mayor and Council of the Borough of Fanwood
(“Mayor and Council”) directed and authorized the Planning Board of the
Borough of Fanwood (“Planning Board”) to undertake a preliminary
investigation, pursuant to the notice, hearing and other requirements of the
Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-l,et seq.
(“Redevelopment Law”), in order to recommend to the Mayor and Council
whether the area of the Borough of Fanwood
(“Fanwood”) bounded by Martine Avenue, South Avenue, LaGrande Avenue and
Second Street, or any part thereof, is a redevelopment area according to the
criteria set forth N.J.S.A. 40A:12A-5.
B.
The Planning Board, after due notice and hearing as required by the
Redevelopment Law, unanimously passed a resolution dated May 23, 2001
recommending that the area of Fanwood bounded by Martine Avenue, South Avenue,
LaGrande Avenue and Second Street be declared an area in need of redevelopment
pursuant to the Redevelopment Law.
C.
After receipt of the Planning Board’s resolution, the Mayor and Council
unanimously passed Resolution 01-06-91 declaring the area of Fanwood bounded by
Martine Avenue, South Avenue, LaGrande Avenue and Second Street as an area in
need of redevelopment pursuant to the Redevelopment Law.
D.
The Mayor and Council retained the services of Richard Preiss of the
planning firm of Abeles Phillips Preiss & Shapiro (“Preiss”) to prepare
a redevelopment plan pursuant to the Redevelopment Law.
E.
A redevelopment plan, dated January 2002 (Revision 1) 3/12/02, entitled
“Redevelopment Plan for the Block Bounded by South Avenue, Martine Avenue,
LaGrande Avenue and Second Street in the Borough of Fanwood, New Jersey”
(“Redevelopment Plan”) has been prepared by Abeles Phillips Preiss &
Shapiro, Inc., Planning & Real Estate Consultants and a copy shall be
maintained in the offices of the Fanwood Borough Clerk.
F.
Section 7 of the Redevelopment Law states that “[n]o redevelopment
project shall be undertaken or carried out except in accordance with a
redevelopment plan adopted by ordinance of the municipal governing body, upon
its finding that the specifically delineated project area is located in an area
in need of redevelopment or in need of rehabilitation, or in both, according to
criteria set forth in [N.J.S.A. 40A:12A-5 or 40A:12A-14], as appropriate.”
SECTION II.
The Redevelopment Plan is hereby adopted.
SECTION III.
The Redevelopment Plan shall supersede all provisions of Chapter 184 of
the Fanwood Code (the Land Use Ordinance) specifically addressed herein.
A.
In all situations where zoning issues are not specifically addressed
herein, Chapter 184 of the Code of the Borough of Fanwood shall, however, remain
in full force and effect.
SECTION IV.
In light of Section III above and pursuant to N.J.S.A. 40A:12A-7c,
the Fanwood Zoning Map is hereby amended to identify the redevelopment area in
the manner depicted in Figure 1 on page 2 of the attached redevelopment plan and
which is generally described as the area bounded by South Avenue, Martine
Avenue, LaGrande Avenue and Second Street in Fanwood.
SECTION V.
If any provision of this ordinance shall be held invalid by any court of
competent jurisdiction, the same shall not affect the other provisions of this
ordinance, except so far as the provision so declared invalid shall be
inseparable from the remainder of any portion thereof.
SECTION VI.
All ordinances or parts of ordinances inconsistent with this ordinance
are hereby repealed.
SECTION VII.
This ordinance shall take effect immediately upon final passage and
publication as required by law and upon filing with the Union County Planning
Board.
Introduction:
January 10, 2002
Public
Hearing
and
Adoption: March
12, 2002
_____________________________
Louis C. Jung, Mayor
Attest:
____________________________________
Eleanor
McGovern, Borough Clerk