[Adopted 2-16-2023 by Ord. No. 2023-1]
Designation of Block 4355, Lots 14 to 16 (90 to 100 Main Street),
11 to 12 (1636 and 1640 Kaufer Lane), and 20 to 23 (55, 51, 47 and
41 Main Street) Redevelopment Project on the Tax Map of the Borough
of Fort Lee is hereby declared and determined to be located within
an area in need of redevelopment in accordance with the provisions
of N.J.S.A. 40A:12A-6.
Pursuant to the authority granted by N.J.S.A. 40A:12A-4c, the
Borough of Fort Lee is hereby designated to exercise the powers of
a redevelopment entity for the Block 4355, Lots 14 to 16 (90 to 100
Main Street), 11 to 12 (1636 and 1640 Kaufer Lane), and 20 to 23 (55,
51, 47, and 41 Main Street) Redevelopment Project.
A redevelopment plan dated October 18, 2022, prepared by Phillips
Preiss Grygiel Leheny Hughes LLC is incorporated in its entirety herein
by reference. The plan includes the following:
A.
The plan area is identified for residential inclusionary development in the Borough's third round prospective need obligation, redevelopment with affordable residential uses would advance the Borough's affordable housing commitments. The Borough of Fort Lee entered into a settlement agreement with Fair Share Housing Center on January 25, 2021, to resolve its affordable housing litigation, which identifies Upper Main Street (Block 4355, Lots 14, 15 and 16) with a total capacity of 150 family rental units and Lower Main Street (Block 4355, Lots 11, 12, and 20 to 23) with a total capacity of 203 family rental units. The redevelopment plan area properties are all identified in the 2015 Historic Preservation Element and in Chapter 64, Attachment 1, Schedule A, Designated Historic Districts, of the Borough's Code. The purpose of the historic district is to "protect and preserve the archeological artifacts" associated with Monument Park located west of the redevelopment area at the intersection of Palisade Avenue, Parker Avenue and Angioletti Place. The plan recommends that "owners of properties within the district should be encouraged to donate to the Borough any Revolutionary War era artifacts that may be found on the property," including during or after construction. If required, the Borough's Historic Preservation Commission shall issue a certificate of appropriateness before issuing permits for the demolition, improvement, relocation, exterior change, construction of a new structure or subdivision of a historically designated property.
C.
Identification of property and redevelopment area. The proposed redevelopment
project consists of nine tax parcels known as Block 4355, Lots 14
to 16 (90 to 100 Main Street), 11 to 12 (1636 and 1640 Kaufer Lane),
and 20 to 23 (55, 51, 47, and 41 Main Street) on the Tax Map of the
Borough of Fort Lee.
D.
Relationship with Master Plan and Zoning Ordinance.
(1)
With respect to the proposed land use and building requirements,
the redevelopment plan is in conformity with the following provisions
of the Borough of Fort Lee Master Plan and reexamination reports:
(2)
The Land Use Plan of the Master Plan designates the redevelopment
area for residential, recreational and commercial land uses. By providing
for the redevelopment area in this manner, the use is consistent with
the Land Use Plan of the Master Plan.
(3)
The governing body finds that the redevelopment plan is either substantially
consistent with the master plan or it is designed to effectuate the
Master Plan.
E.
Powers of redevelopment entity. Subject to the approval of the Mayor
and Council, the Borough of Fort Lee may proceed with the acquisition,
clearance, redevelopment, planning, reconstruction, renewal and redevelopment
of the Block 4355, Lots 14 to 16 (90 to 100 Main Street), 11 to 12
(1636 and 1640 Kaufer Lane), and 20 to 23 (55, 51, 47, 41 Main Street)
Redevelopment Project and in order to carry out and effectuate said
purposes, the Borough of Fort Lee may:
(1)
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 the redevelopment
area and in any area designated by the Mayor and Council as necessary
for carrying out the relocation of the residents, industry and commerce
displaced from the redevelopment zone.
(2)
Clear any area owned or acquired and install, construct or reconstruct
streets, facilities, utilities and site improvement essential to the
preparation of sites for use in accordance with the redevelopment
plan.
(3)
Lease, exchange or convey property 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.
(4)
Make, consistent with the redevelopment plan:
(a)
Plans for carrying out a program of voluntary repair and redevelopment
of buildings and improvements; and
(b)
Plans for the enforcement of law, codes, and regulations relating
to the use and occupancy of buildings and improvements, and to the
compulsory repair, redevelopment, demolition, or removal of buildings
and improvements.
(5)
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.
(6)
Request the Planning Board to recommend pursuant to existing law
the designation of additional areas in need of redevelopment or redevelopment
and to make recommendations for such redevelopment or redevelopment
of such areas.
(7)
To study the recommendations of the Planning Board for redevelopment
of any area and to make its own investigations and recommendations
as to current trends in the Borough, blighted areas and blighted factors.
(8)
To publish and disseminate information.
(9)
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.
(10)
To arrange or contract with public agencies or redevelopers
for the planning, replanning, construction, or undertaking of any
project or development work, on 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.
(11)
To arrange or contract with a public agency, to the extent that
it is within the scope of that agency's functions, to cause the
services customarily provided by such other agency to be rendered
for the benefit of the occupants of the redevelopment area, and to
have such other agency provide and maintain parks, recreation centers,
schools, sewerage, transportation, water and other municipal facilities
adjacent to or in connection with redevelopment areas.
(12)
To enter upon any building or property in the redevelopment
area in order to conduct investigations or make surveys, soundings,
or test borings necessary to carry out the purpose of this article.
(13)
To arrange or contract with a public agency for the relocation
of residents, industry or commerce displaced from the redevelopment
area.
(14)
To conduct examinations and investigations, hear testimony and
make proof, under oath at public or private hearings, of any material
matter, require the attendance of witnesses and the production of
books and papers and issue commissions for the examination of witnesses
who are out of state, unable to attend, or excused from attendance.
(15)
To authorize a committee designated by it consisting of one
or more members, or counsel, or any officer or employee to conduct
any such investigation or examination, in which case such committee,
counsel, officer or employee shall have power to administer oaths,
take affidavits and issue subpoenas or commission.
(16)
To do all things necessary or convenient to carry out its powers.
(17)
To negotiate the redevelopers for the private sale of real property
within the redevelopment area.
(18)
To do and perform all powers authorized by law to carry out
the foregoing purposes not otherwise specifically limited herein.
The Mayor's designee 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 article, all of a form approved
by the Borough Council.
The Zoning Ordinance of the Borough of Fort Lee is hereby amended
and supplemented to implement and establish an overlay zone pursuant
to the redevelopment plan, incorporated herein and attached hereto.[1]
[1]
Editor's Note: The overlay zone as established by the
plan is on file in the Borough offices.
The Borough Clerk is hereby directed to give notice at least
10 days' prior to the hearing on the adoption of this article
to the Bergen County Planning Board, and to all others entitled thereto
pursuant to the provisions of N.J.S.A. 40:55D-15. Upon adoption of
this article, after public hearing thereon, the Borough Clerk is further
directed to publish notice of the passage thereof and to file a copy
of this article as finally adopted with the Bergen County Planning
Board as required by N.J.S.A. 40:55D-16 and with the Borough Tax Assessor.
Should any section, part or provision of this article be held
unconstitutional or invalid, such decision shall not affect the validity
of this article as a whole, or any other part thereof.
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed.
This article shall take effect immediately upon publication
and final passage according to law.
