[Adopted 3-27-2003 by Ord. No. 2003-7]
There is hereby adopted, pursuant to the New
Jersey Local Redevelopment and Housing Law, specifically N.J.S.A.
40A:12A-7 et seq., a redevelopment plan entitled “Redevelopment
Plan for Redevelopment Area I in the Northeasterly Portion of the
Borough of Fort Lee, New Jersey,” prepared by Abeles, Phillips,
Preiss & Shapiro, Inc., and dated December 2002, on file with
the Borough Clerk and incorporated by reference as if set forth at
length herein. The specific properties deemed to be an area in need
of redevelopment in accordance with N.J.S.A. 40A:12A-5 are as follows:
Block 6101, Lots 13, 14, 15 and 20, and Block 6102, Lots 17, 18, 19,
20 and 21, as designated on the Tax Map of the Borough of Fort Lee
and hereinafter referred to as the “Bridge Plaza North/Hudson
Street Redevelopment Project.”
Pursuant to the authority granted by N.J.S.A.
40A:12A-4C, the Mayor and Council of the Borough of Fort Lee is hereby
designated to exercise the powers of a redevelopment entity for the
Bridge Plaza North/Hudson Street Redevelopment Plan.
There is hereby adopted pursuant to N.J.S.A.
40A:12A-7 the redevelopment plan prepared by Abeles, Phillips, Preiss
& Shapiro, Inc., dated December 2002, which is specifically incorporated
herein. This plan is on file with the Borough Clerk. The plan includes
the following:
A.
Relationship to local objectives. The purpose of the
Bridge Plaza North/Hudson Street Redevelopment Plan advances the objectives
and recommendations of the Borough’s 1988 Master Plan, as well
as the 1995 and 2001 Master Plan reexaminations as follows: promotion
of development in areas with highway access to minimize traffic impacts
on the Borough; furthering redevelopment of the area in a manner compatible
with existing development in the area; otherwise promoting the public
health, safety and welfare; expansion of the tax base to promote economic
well-being of the Borough and its residents; promote the full economic
potential of land where commercial development is appropriate; promote
and expand economic opportunities in Fort Lee in order to maintain
lob opportunities and economic well-being of Fort Lee’s citizens.
B.
Relationship to the intent and purpose of the Zoning
Ordinance.[1]
(1)
The redevelopment area is currently zone C-3 Limited
Business District, as per the Fort Lee Zoning Ordinance. The C-3 District
permits business and professional offices, banks and other financial
institutions, as well as municipal buildings, schools and parks. Permitted
conditional uses include hotels, retail and service businesses, gas
stations and planned commercial and mid-rise residential development.
Accessory uses include off-street parking. Permitted building heights
vary from 40 feet to 150 feet depending on use; with a one-hundred-foot
maximum height permitted for office buildings and financial institutions
and a one-hundred-fifty-foot maximum height for hotels. Floor area
ratios vary from 0.6 to 2.5 depending on use; with offices and hotels
permitted floor area ratios of 2.5 and 1.5, respectively. Yard requirements
are based on formulas that consider right-of-way width and building
height.
(2)
The development standards of the redevelopment plan
shall supercede the provisions of the C-3 zoning. Where there is a
conflict between specific use, bulk or other development provisions
of the redevelopment plan and the C-3 zoning, the provisions of the
redevelopment plan shall apply.
C.
Redevelopment plan goals and objectives. The specific
goals and objectives of the redevelopment plan are as follows:
(1)
To provide for appropriate land uses that will eliminate
blight, promote economic development and growth opportunities and
serve the needs of the community.
(2)
To provide for an increase in the economic base of
the redevelopment area and entire Borough by redeveloping underutilized
and nonproductive properties.
(3)
To minimize the negative impact of existing dilapidated
commercial and residential uses in the redevelopment area on the surrounding
neighborhood.
(4)
To encourage the revitalization of the redevelopment
area in a manner that is compatible with the character of adjacent
properties and land uses.
(5)
To capitalize on the existing strengths of the redevelopment
area, including the presence of adjacent office and retail development
and the proximity to major highways and the George Washington Bridge.
(6)
To promote new office development and other commercial
uses in the redevelopment area in a manner that will benefit the community
while minimizing traffic congestion within the Borough.
D.
Relocation. Provisions for the temporary and permanent
relocation of businesses and persons, if any, located within the redevelopment
area shall be made in accordance with the New Jersey Relocation Assistance
Law (N.J.S.A. 52:31B-1 et seq.) and the regulations adopted thereunder
(N.J.A.C. 5:11-1.1 et seq.) The Borough of Fort Lee shall provide
a workable relocation assistance plan for residents and businesses
displaced as a result of the redevelopment plan. To the extent required
by law, such workable relocation assistance plan shall include efforts
to identify the persons and businesses displaced, determining the
needs of relocation, providing assistance in relocating new places
of residence and business within the Borough of Fort Lee and vicinity,
provisions for the temporary and permanent relocation of persons living
in the redevelopment area by arranging for decent, safe and sanitary
dwelling units at rents within the means of persons displaced from
said area, and financial assistance for relocation and moving expenses.
However, any expenditures far such relocation shall be borne by the
redeveloper. At the time of property acquisition, the actual extent
of displacement will be determined and a workable relocation assistance
plan (WRAP) will be prepared and submitted to the New Jersey Department
of Community Affairs for approval. The Borough will comply with the
requirements of the New Jersey State relocation statutes and regulations
as applicable and will provide all benefits and assistance required
under the statute.
E.
Significant relationship with other master plans.
(1)
The redevelopment plan either has no significant relationship
or is compatible with the master plans of contiguous municipalities,
the Bergen County Master Plan and the State Development and Redevelopment
Plan.
(2)
The redevelopment project is located in the heart
of an existing C-3 District and is not located in the vicinity of
the borders of any contiguous municipalities.
Subject to the approval of the Mayor and Council,
the Borough of Fort Lee may proceed with the acquisition, clearance,
rehabilitation, planning, reconstruction, renewal and redevelopment
of the Bridge Plaza/Hudson Street Redevelopment Plan, and in order
to carry out and effectuate said purposes, the Borough of Fort Lee
may:
A.
Acquire or contract to acquire from any person, firm
or corporation, public or private, by contribution, gift, grant, bequest
devise, purchase or otherwise, real or personal property or any interest
therein, including such property as it may deem necessary or proper,
although temporarily not required for such purposes, in a redevelopment
area and in any area designated by the governing body as necessary
for carrying out the relocation of the residents, industry and commerce
displaced from a redevelopment zone.
B.
Acquire, by condemnation, any land or building which
is necessary for the redevelopment project, pursuant to the provisions
of the Eminent Domain Act of 1971, P.L 1981, c. 361 (N.J.S.A. 20:3-1
et seq.) as amended. All privately owned lots within the redevelopment
area are subject to acquisition by the Borough as part of the redevelopment
effort. These lots include Block 6101, Lots 13, 14, 15 and 20; Block
6102, Lots 17, 18, 19, 20 and 21.
C.
Other actions. In addition to the acquisitions described
above, other actions may be undertaken to further the goals of the
proposed redevelopment plan. These may include, but shall not be limited
to:
(1)
Clearance of dilapidated, deteriorated, obsolete or
underutilized structures or uses where necessary.
(2)
Construction of new structures or other improvements.
(3)
Provisions for public infrastructure necessary to
service and support new development.
(4)
Environmental remediation.
(5)
Vacation of public utility easements as may be necessary
for redevelopment.
D.
Lease, exchange or convey properly or improvements
to any such party pursuant to this section, without public bidding
and at such prices and upon such terms as it deems reasonable, provided
that the lease, exchange or conveyance Is made in conjunction with
the redevelopment plan, notwithstanding the provisions of any law,
rule or regulation to the contrary.
E.
Dispose of land so acquired at its fair value for
the uses specified in the redevelopment plan as determined by it to
any person, firm or corporation or to any public agency by sale, lease
or exchange.
F.
To publish and disseminate information.
G.
To prepare or arrange by contract for the provisions
of professional service and the preparation of plans by registered
architects or licensed professional engineers or planners or other
consultants for the carrying out of the redevelopment project.
H.
To arrange or contract with public agencies or redevelopers
for the planning, replanning, construction or undertaking of any project
or development work, or any part thereof, to provide as part of any
such arrangement or contract for extension of credit or making of
loans to redevelopers to finance any project or redevelopment work,
and to arrange or contract with public agencies 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.
I.
To enter upon any building or property in any redevelopment
area in order to conduct investigations or make surveys, soundings,
or test borings necessary to carry out the purpose of this chapter.
J.
To arrange or contract with a public agency for the
relocation of residents, industry or commerce displaced from a redevelopment
area, if necessary.
K.
To negotiate with redevelopers for the private sale
of real property within the redevelopment area.
L.
To do and perform all powers authorized by law to
carry out the foregoing purposes not otherwise specifically delineated
herein.
A.
The Mayor is hereby designated to execute and the
Borough Clerk to attest any and all documents necessary to carry out
any of the purposes set forth in this chapter, all of a form approved
by the Borough Attorney.
B.
In connection with the implementation of the plan,
the Borough Attorney and/or the Office of Economic Development is
hereby authorized to negotiate contracts for purchase, institute condemnation
proceedings, prepare contracts, pleadings and other documents and
otherwise perform such other legal services as are necessary to carry
out the foregoing purposes, where necessary and appropriate.
C.
Easements. No building shall be constructed over a
public easement in the redevelopment area without prior written approval
of the Engineer of the Borough of Fort Lee.
D.
Site plan and subdivision review.
(1)
Prior to commencement of construction, site plans
for the construction and/or rehabilitation of improvements within
the redevelopment area, prepared in accordance with the requirements
of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), shall be
submitted by the applicants for review and approval by the Planning
Board of the Borough of Fort Lee so that compliance with the redevelopment
plan can be determined.
(3)
No construction or alteration to existing or proposed
construction shall take place until a site plan reflecting such additional
or revised construction has been submitted to, and approved by, the
Planning Board. This pertains to revisions or additions prior to,
during and after completion of the improvements.
E.
Adverse influences. No use or reuse shall be permitted
which, when conducted under proper and adequate conditions and safeguards,
will produce corrosive, toxic and noxious fumes, glare, electromagnetic
disturbance, radiation, smoke, cinders, odors, dust or waste, undue
noise or vibration or other objectionable features so as to be detrimental
to the public health, safety or general welfare.
F.
Nondiscrimination provisions. No covenant, lease,
conveyance or other instrument shall be affected or executed by the
Borough Council of the Borough of Fort Lee or by a developer or any
of his successors or assignees whereby land within the redevelopment
area is restricted by the Borough Council of the Borough of Fort Lee,
or the developer, upon the basis of race, creed, color or national
origin in the sale, lease, use or occupancy thereof. Appropriate covenants,
running with the land forever, will prohibit such restrictions and
shall be included in the disposition instruments. There shall be no
restrictions of occupancy or use of any part of the redevelopment
area on the basis of race, creed, color or national origin.
G.
Duration of the plan. 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 40 years from the date of approval of this plan by the Borough
Council of the Borough of Fort Lee.
H.
Deviation requests. The Planning Board may grant deviations
from the regulations contained within this redevelopment plan where,
by reason of exceptional narrowness, shallowness or shape of a specific
piece of property, or by reason of exceptional topographic conditions,
preexisting structures or physical features uniquely affecting a specific
piece of property, the strict application of any area, yard, bulk
or design objective or regulation adopted pursuant to this redevelopment
plan would result in peculiar practical difficulties to, or exceptional
and undue hardship upon, the developer of such property. The Planning
Board may also grant such relief in an application relating to a specific
piece of property where the purposes of this redevelopment plan would
be advanced by a deviation from the strict requirements of this plan
and the benefits of the deviation would outweigh any detriments. No
relief may be granted under the terms of this section unless such
deviation or relief can be granted without substantial detriment to
the public good and without substantial impairment of the intent and
purpose of the redevelopment plan. An application for a deviation
from requirements of this redevelopment plan shall provide public
notice of such application in accord with the requirements of public
notice as set forth in N.J.S.A. 40:55D-12a and b.
A.
Redevelopment plan. It is the goal of the redevelopment
plan to encourage redevelopment in a manner that is compatible with
the character of adjacent areas and land uses and promote use of the
redevelopment area for new office development, other commercial uses
and off-street parking that will benefit the community while minimizing
traffic congestion within the Borough. It is the intent of the redevelopment
plan to promote new construction on underutilized properties and to
reuse existing structures in the redevelopment area. The redevelopment
plan specifically envisions uses that include general and professional
office uses; retail uses of types that service the surrounding residential
community and existing and proposed office development, including
convenience and daily needs shopping and restaurants; and off-street
parking.
B.
Targeted redevelopment actions. Specific actions ore
targeted by the redevelopment plan to address certain deficiencies
within the redevelopment area as follows:
(1)
Office development. Office development is proposed
for the portion of the redevelopment area on Block 6101 (Lots 13,
14, 15 and 20) that is currently occupied by the uncompleted and abandoned
six-story office building. Under the redevelopment plan, it is proposed
that this structure be salvaged and completed for use as general or
professional office space or some combination thereof. Redevelopment
would include adequate off-street parking and accessory uses appropriate
for inclusion in an office building (i.e., convenience retail services).
It is anticipated that the reuse of the existing structure may entail
reconfiguration of the building to meet the requirements of redevelopment
area zoning and/or current market conditions.
(2)
Commercial/retail development and accessory parking.
Commercial/retail development and/or accessory parking is proposed
for the portion of the redevelopment area on Block 6102 (Lots 17,
18, 1 9, 20 and 21). This property is currently occupied by two older
homes and a small commercial building, as well as a small vacant lot.
It is anticipated that under the redevelopment plan these properties
will be redeveloped for either commercial retail uses related to adjacent
development, including the Food Emporium shopping center and/or current
and proposed office development, or to provide any ancillary parking
that may be necessary to satisfy the off-street parking requirements
of the proposed new office development across Hudson Street.
