Bored? Read this. This is a resolution on the agenda for Somers Point City Council to consider tonight. +++++++++++++++++++++++++++++++++++++++++++++++++++ RESOLUTION NO. 161 of 2014 RESOLUTION REQUESTING THE SOMERS POINT PLANNING BOARD TO EVALUATE A CERTAIN BLOCK AND LOTS WITHIN THE CITY OF SOMERS POINT TO DETERMINE IF THOSE PROPERTIES SHOULD BE DESIGNATED AS A NON-CONDEMNATION REDEVELOPMENT AREA IN NEED OF REDEVELOPMENT WITHOUT THE EXERCISE OF EMINENT DOMAIN WHEREAS, pursuant to the N.J.S.A. 40A:12A-4(a), a municipal governing body has the power to cause a preliminary investigation of a property or properties to be made by the Planning Board pursuant to N.J.S.A. 40A:12A-5; and WHEREAS, in September of 2013 Governor Christie signed into law Assembly Bill A-3615 which amends the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. authorizing a municipality to adopt a resolution stating whether the municipality is authorized to exercise its powers of eminent domain (a “Condemnation Redevelopment Area”) or not to exercise such power (a “Non-Condemnation Redevelopment Area”) ; and WHEREAS, by Resolution 133 of 2005 the Somers Point City Council authorized the Somers Point Planning board to undertake a preliminary investigation of Block 1104, Lots 3, 4.01, 4.02, 4.03 and 4.04 (the “Subject Property”) to determine if the Subject Property meets one or more of the criteria necessary to be designated as a redevelopment area, to have a report prepared, and to conduct a public hearing in accordance with N.J.S.A 40A;12A-6, and to make a recommendation to City Council; and WHEREAS, the City of Somers Point retained Heyer Gruel & Associates to prepare a Determination of Need Analysis on behalf of the Somers Point Planning Board; and WHEREAS, on June 14, 2006 a public hearing was held, following which a motion was passed recommending to the Somers Point City Council that the Subject Properties meets the criteria and should be included as a designated redevelopment area; and WHEREAS, by Resolution No. 119 of 2006 the Somers Point City Council accepted the recommendation received from the Somers Point Planning Board and determined that the Subject Property was in need of redevelopment; and WHEREAS, following that action no Redevelopment Plan was adopted and no Redeveloper Agreement was entered into; and WHEREAS, the Somers Point Tax Assessor in 2012 prepared a preliminary list of properties which may satisfy the statutory criteria including properties which are either underutilized or in a state of disrepair on which the Subject Property was included; and WHEREAS, this governing body is desirous of re-examining the Subject Property to determine if it satisfies the criteria in N.J.S.A. 40A:12A-5 as amended, necessary to be designated as an area in need of redevelopment; and WHEREAS, the Somers Point City Council desires to have a new investigation made of the Subject Property and a Report presented to the Somers Point Planning Board as part of a public hearing; and WHEREAS, in the event the preliminary investigation undertaken and report presented to the Planning Board results in a determination by the Planning Board that the condition of the Subject Property satisfies the criteria for determination as a Non- Condemnation Redevelopment Area, this governing body believes it to be in the best interest of the City and its residents to designate the Subject Property as a Non – Condemnation Redevelopment Area and not as a Condemnation Redevelopment Area Now, therefore, BE IT RESOLVED, that the City Council of the City of Somers Point, County of Atlantic, State of New Jersey does hereby, pursuant to N.J.S.A. 40A:12-5 requests and authorizes the Planning Board of the City of Somers Point to undertake a preliminary investigation as to whether the following described properties can be classified as an area in need of Non-Condemnation Redevelopment: BLOCK 1104, LOTS 3, 4.01, 4.02, 4.03 AND 4.04 BE IT FURTHER RESOLVED that the Planning Board of the City of Somers Point shall conduct the aforesaid investigation in accordance with the requirements of N.J.S.A. 40A:12A-6; and BE IT FURTHER RESOLVED that the redevelopment area determination, if such a determination is made, shall authorize the municipality to use all those powers provided by the Legislature for use in a redevelopment area, excluding the power of eminent domain; and BE IT FURTHER RESOLVED that in making its preliminary investigation the Planning Board shall make its recommendation based upon a finding that sufficient conditions set forth in N.J.S.A. 40A:12A-5 are found to be present. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Posted on: Thu, 25 Sep 2014 13:29:11 +0000
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