[Adopted 11-10-2003 by Ord. No. 205; amended 9-13-2010 by Ord. No. 205-1]
On September 17, 2002, in response to a request by the Planning Board, the Borough Council adopted a resolution authorizing the Planning Board to undertake a preliminary investigation to determine whether five vacant and deteriorated properties within the municipality met the statutory criteria for designation as "redevelopment areas," in accordance with the Local Redevelopment and Housing Law, P.L. 1992, c.79 (N.J.S.A. 40A:12A-1 et seq.).
In accordance with the resolution of the Borough Council, the Planning Board authorized its Planning Consultant to prepare a report setting forth the basis for the investigation and including maps showing the location of the properties, as required by statute. This report was prepared on October 29, 2002. The Planning Board hearing on the matter was held on November 12, 2002, after notice of the hearing was given by certified mail to the record owners of the five properties, well as to the mortgagee of one of the properties, and notice of the hearing was published once a week for two consecutive weeks in the Asbury Park Press, a newspaper of a general circulation in the municipality. No persons appeared to testify at the hearing and the Planning Board adopted a resolution recommending to the Borough Council that the five properties be determined by the Borough Council to be redevelopment areas. This resolution was duly memorialized by the Planning Board on January 14, 2003 and was transmitted to the Borough Council.
At a meeting held on February 18, 2003 the Borough Council adopted a resolution determining the five properties to be redevelopment areas and directing the Planning Board to prepare a Redevelopment Plan. In response to that directive, the Planning Board proposes this Redevelopment Plan for adoption by ordinance by the Borough Council.
This Redevelopment Plan is intended to promote the community objectives of maintaining the quality and viability of the existing housing stock, eliminating conditions inimical to public health, safety and welfare, protecting property values, restoring a prominently-located commercial property to use, addressing an environmental problem, and addressing the municipal affordable housing obligation in a manner consistent with community character and economic resources.
[Ord. No. 205-1]
The Planning Board and the Borough Council identified five properties in Ordinance No. 205 within the municipality as being in need of redevelopment by reason of their being vacant for extended periods of time and in various stages of deterioration. Owners had been either unable or unwilling to either restore these properties to use or to offer them for sale so that others might do so, thus necessitating municipal action in order to protect public health, safety and welfare, including, but not limited to preservation of property values.
The five properties so identified by Ordinance No. 205 are as follows: Block 1, Lot 4 (9 Nurko Road); Block 2, Lot 4.01 (40 North Rochdale Avenue); Block 4, Lot 3 (23 Pine Drive); Block 4, Lot 33 (20 South Rochdale Avenue); and Block 12, Lot 2 (19 South Rochdale Avenue). Of these, all but Block 2, Lot 4.01 are single family residential properties. Block 2, Lot 4.01 is the property on which the former automobile service station is located. This report shall address the residential properties and the former service station property separately.
Ordinance No. 205-1 amended the Redevelopment Plan of the Borough of Roosevelt to remove properties at Block 4, Lot 3 (23 Pine Drive) and Block 4, Lot 33 (20 South Rochdale Avenue) from the list of areas in need of redevelopment and to repeal all references in Ordinance No. 205 to Block 4, Lot 3 (23 Pine Drive) and Block 4, Lot 33 (20 South Rochdale Avenue).
[Ord. No. 16-002]
Block 1, Lot 4 (9 Nurko Road):
This property includes two derelict buildings, a 19th century farmhouse and a building that was formerly used for agricultural purposes. On June 2, 2003, title to the property was transferred to new owners who had previously advised the Tax Assessor of their intention to demolish the existing derelict structures and build a new house. As of the date of this report, the main building has already been demolished. It is therefore the recommendation of the Planning Board that no action be taken by the Borough to acquire this property for redevelopment purposes, since redevelopment is in the process of taking place under private auspices and without the need for any municipal intervention. Once all of the buildings have been demolished and the site has been properly cleared, as evidenced by a certificate of approval issued by the Construction Official, it is recommended that the property be removed from the list of properties in need of redevelopment.
Block 4, Lot 3 (23 Pine Drive)
[Repealed by Ord. No. 205-1]
Block 4, Lot 33 (20 South Rochdale Avenue)
[Repealed by Ord. No. 205-1]
Block 12, Lot 2 (19 South Rochdale Avenue):
This is a property that was abandoned when the former owner died in 1992. It has been held in her estate ever since. The representative on the estate has made no known attempt to market it for sale or rental, has done nothing to secure it and has allowed it to deteriorate from lack of maintenance.
The representative of the estate did not respond to the notice advising him of the November 12, 2002 public hearing. It is recommended that the Council attempt to contact him one last time to determine what plans, if any, he might have for the restoration and use of the property. If there is no positive response, then the Council should initiate eminent domain proceedings with regard to this property as well, in order to protect the interests of the community.
Former Service Station Property - Block 2, Lots 4.01 (40 North Rochdale Avenue) & 4.03 (44 North Rochdale Avenue).
[Amended in entirety by Ord. No. 16-002]
The Borough instituted legal action to foreclose the tax liens that it held on this property. The Borough obtained a judgment for foreclosure and, on June 30, 2003, obtained title to the property at the Sheriff's sale.
The property at the time of judgment for foreclosure was Block 2, Lot 4.01, a 2.92-acre parcel that surrounded Block 2, Lot 4.02 (a residential lot) on three sides. The land south of Lot 4.02 consisted of the former service station and land used in association with it. This land was on the New Jersey Department of Environmental Protection list of contaminated sites, due to leakage of gasoline from underground tanks, and would have to be remediated in order to be returned to productive use. The land to the west and north of Lot 4.02 is undeveloped, though the land to the west has two commercial trailers and other automotive debris that will have to be removed.
Subsequent to Judgment, based on recommendation of the Planning Board the Council subdivided the property into two separate lots so that different municipal objectives could be addressed. The subdivision line was an extension to the westerly line of Lot 4.01 of the northerly line of Lot 4.02.
The southern portion, Lot 4.01, including the former service station site will hereafter be referred to as Part A.
The northern portion, Lot. 4.03, will hereafter be referred to as Part B.
The Redevelopment Plan for the Roosevelt Gateway Redevelopment Area (The Gateway Redevelopment Area Plan), prepared by Alan Mallach, P.P., F.A.I.C.P., dated November 2015, attached hereto as Exhibit A, is hereby adopted as the Redevelopment Plan for Lots 4.01 and 4.03 of Block 2. The entire contents of the Gateway Redevelopment Area Plan shall be incorporated as an appendix to this Code of the Borough. (The Gateway Redevelopment Area Plan is included as an attachment to this chapter as Exhibit A.)
Permitted uses in the Gateway Redevelopment Area Plan are modified so as to specifically exclude child care facilities as a permitted use. No child care facilities will be permitted in the Gateway Redevelopment Area.
The Roosevelt Gateway Redevelopment Area Plan shall supersede any provision of the Zoning Ordinance of the Borough of Roosevelt inconsistent with the provisions of the Roosevelt Gateway Redevelopment Area Plan. The Gateway Redevelopment Area Plan (Exhibit A) is incorporated herein by reference as the zoning standards for development in the Gateway Redevelopment Area. (The Gateway Redevelopment Area Plan is included as an attachment to this chapter as Exhibit A.)
The Zoning Map of the Borough of Roosevelt dated October 10, 2005, be and the same is hereby amended to incorporate Block 2, Lots 4.01 and 4.03 in the Roosevelt Gateway Redevelopment Area Plan into a Zoning Map district entitled, "Roosevelt Gateway Area," and all such properties shall be removed from any prior Zoning Map designation. New zoning for the Roosevelt Gateway Area is shown on a map attached as Exhibit B. (Exhibit B, Roosevelt Gateway Area Map is included as an attachment to this chapter.)
Existing vegetation in the Roosevelt Gateway Area shall be maintained except for that which is required to provide a sight triangle easement imposed by the Monmouth County Planning Board.
A landscaped and fenced buffer shall be provided along the property lines of Block 2, Lot 4.02 for all areas where the property is being developed or cleared. The fence shall be a minimum of six feet high and shall otherwise comply with Section 5.600 of the Zoning Ordinance. Proposed development of the Block 2, Lot 4.02 shall conform with the landscaping and planted buffer requirements in Chapter 22, Landscape Requirements, of the Borough Code.
The Borough has incurred costs for the acquisition of the service station property, including legal costs due to the foreclosure process and many years of uncollected taxes on the property. Additional costs will be incurred for subdivision. The Borough should apply for State Brownfields funding to cover any cost of evaluation and remediation of the property. To the greatest extent possible, consistent with establishment of a use consistent with the character and needs of the community, the Borough should seek to recover these costs on any sale of the property for commercial purposes.
The Borough will also incur costs for the acquisition, whether by purchase or by eminent domain, of the two existing houses that the owners are thus far unwilling or unable to restore to habitability or to sell. These costs will include appraisals, legal fees and purchase prices. It is the hope and expectation of the Planning Board that all or most of these costs can be recouped upon the sale of the houses to person who will restore the properties to habitability.
Since all of the properties in the five redevelopment areas are currently unoccupied, there will be no need to relocate any residents from properties acquired by the Borough for redevelopment purposes.
Both, Block 1, Lot 4 and Block 4, Lot 3 have been sold to owners who will rehabilitate them. Once this occurs, there will be no need for the Borough to acquire these properties.
Block 2, Lot 4.01 (former gas station property) has already been acquired. The only properties remaining to be acquired are, therefore, Block 4, Lot 33 (20 South Rochdale Avenue). If the Borough does not have sufficient funds available for the purchase of these properties, it will have to borrow the money. Any money gained from the sale of the gas station property might be used for this purpose.
Since the owner of Block 4, Lot 33 is, as a result of the outcome of her court case, unlikely to be in a position to restore it at any time in the foreseeable future, the Borough should acquire the property and sell it to the highest bidder who will agree to rehabilitate it in a manner acceptable to the Borough, whether through reconstruction or through demolition and new construction, in a timely manner; provided, however, that the Council may wish to consider giving preference to prospective owner-occupants.
The representative of the estate that is the owner of Block 12, Lot 2 should be given an opportunity to present plans for the rehabilitation or marketing of the property. Should he fail to present an acceptable plan, the Borough should acquire this property as well and sell it to the highest bidder who will agree to rehabilitate it in a timely manner; subject, once again, to preference possibly being given to prospective owner-occupants. Due to funding constrains, it may be advisable not to acquire this property until such time as Block 4, Lot 33 has been sold and the money used for purchasing it has been recouped.
By addressing the affordable housing obligation of the Borough of Roosevelt in a manner proposed in the Redevelopment Plan, the Borough will promote the objectives of avoiding significant adverse impact upon County Route 571 and other local and county roads in Roosevelt and contiguous municipalities. It will also promote the objective of conserving water resources. Since the redevelopment plan promotes re-use of existing improved properties, and limits new construction to a single structure, be it a group home or an apartment building, next to an existing house, it would be consistent with the planning area designation of the land in Roosevelt as PA-5, Environmentally Sensitive, in the State Development and Redevelopment Plan.
[Ord. No. 16-002 § 8, 9]
In order to implement this Redevelopment Plan, be it hereby ordained as follows by the Mayor and Council of the Borough of Roosevelt:
The minimum lot size requirement for the R/Ag-100 District set forth in the Zoning Ordinance of the Borough of Roosevelt to the contrary notwithstanding, the demolition of existing buildings on a nonconforming lot in that district that is in an area of need of redevelopment and their replacement with a new single-family dwelling shall be permitted.
Block 2, Lot 4.01 shall be subdivided by extending the northerly line of Lot 4.02 to the westerly line of Lot 4.01, thereby creating a new Lot 4.03 in the area to the north of the extended northerly line of Lot 4.02.
This Development Plan is hereby adopted pursuant to N.J.S.A. 40A:12A-7 and shall be effective immediately upon publication and filing with the Monmouth County Planning Board.