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Resolution of the Mayor and Council of Princeton Authorizing and Directing the Princeton Planning Board To Update Its Preliminary Investigation To Determine Whether Certain Property Located On Franklin Avenue, Designated As Lots 2, 26 And 27 In Block 21.04 On The Tax Map Of Princeton, Meets The Criteria For Designation As A Non-Condemnation Redevelopment Area
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WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq. (the "Redevelopment Law"), was enacted to provide an effective mechanism to empower and assist local governments in their efforts to arrest and reverse deteriorated conditions in housing and commercial and industrial installations and in public services and facilities, and to promote the advancement of community interests through programs of redevelopment, rehabilitation and incentives for the expansion and improvement of commercial, industrial, residential and civic facilities; and
WHEREAS, the Redevelopment Law authorizes a municipality to determine whether certain properties or parcels of land located within the municipality constitute an area in need of redevelopment, pursuant to the enumerated criteria set forth in the Redevelopment Law; and
WHEREAS, the Redevelopment Law sets forth a specific procedure and the specific requirements for determining and establishing an area in need of redevelopment; and
WHEREAS, pursuant to N.J.S.A. 40A:12A-6, before an area of the municipality is determined to be a redevelopment area, the governing body of the municipality shall, by resolution, authorize the municipal planning board to undertake a preliminary investigation to determine whether the proposed area is a redevelopment area according to the criteria set forth in N.J.S.A. 40A:12A-5 of the Redevelopment Law; and
WHEREAS, the Redevelopment Law at N.J.S.A. 40A:12A-6 also requires the governing body to specify whether the area being investigated will be considered for determination as a "non-condemnation redevelopment area," such that the municipality shall be authorized to use all those powers provided by the Legislature for use in a redevelopment area other than the use of eminent domain, or as a "condemnation redevelopment area," such that the municipality shall be authorized to use all of those powers provided by the Legislature for use in a redevelopment area, including the power of eminent domain; and
WHEREAS, by Resolution 20-237, adopted July 27, 2020, the Mayor and Council of Princeton determined that an investigation and inquiry should be made of certain properties located at 1 - 10 Franklin Avenue, designated as Lots 2, 26 and 27 in Block 21.04 on the Tax Map of Princeton (the "Study Area"), to see if they, or portion thereof, qualify under the Redevelopment Law as a non-condemnation area in need of redevelopment; and
WHEREAS, the Study Area is a component of Princeton's court-approved, "third round" Housing Element and Fair Share Plan (the "Plan"); and
WHEREAS, by Resolution 20-237, the Mayor and Council directed the Princeton Planning Board (the "Board") to undertake an investigation of the Study Area to determine whether or not the Study Area meets one or more of the criteria set forth at N.J.S.A. 40A:12A-5, and make a recommendation to the Mayor and Council as to whether all or a portion of the Study Area should be designated as a non-condemnation redevelopment area; and
WHEREAS, the Board commissioned Heyer, Gruel and Associates to investigate the Study Area and prepare a report of its findings; and
WHEREAS, at a public hearing held on October 7, 2021, the Board received and reviewed the report of Heyer, Gruel and Associates, and found that the Study Area did qualify as an area in need of redevelopment in that it is underutilized, in deteriorated physical condition and could be used for a greater public benefit, namely affordable housing centrally located in Princeton, and therefore, the Board voted unanimously to endorse action by the governing body to declare the Study Area as a non-condemnation area in need of redevelopment; and
WHEREAS, the Mayor and Council did not have an opportunity to further consider the matter or designation of the Study Area as an area in need of redevelopment; and
WHEREAS, to facilitate the project set forth and contemplated in Princeton's court approved Plan, the Mayor and Council believe it prudent and warranted to now reconsider designation of the Study Area as recommended by the Board and seeks to have the Board update its findings and recommendations before the Mayor and Council proceed with its consideration.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of Princeton, on this 25th day of August, 2025, as follows:
1. The preamble to this resolution is hereby incorporated as if fully restated herein.
2. The Princeton Planning Board ("Board") is hereby directed to update its 2021 investigation of the Study Area defined hereinabove, consisting of Lots 2, 26 and 27 in Block 21.04 on the Tax Map of Princeton, in accordance with the requirements set forth in N.J.S.A. 40A:12A-6 of the Redevelopment Law, in order to determine whether the Study Area, or part(s) thereof, continue to meet the requirements for designation as a non-condemnation redevelopment area, such that the municipality may be authorized to use all those powers provided by the Legislature for use in a redevelopment area other than the use of eminent domain.
3. A map of the Study Area showing the boundaries of the proposed redevelopment area and locations of the various parcels of property included therein, along with a statement setting forth the basis for the investigation appended to the map, was prepared in conjunction with the Board's 2021 investigation. The Board is directed to update the map, if necessary, and further directed to prepare an updated report containing the Board's findings; and to hold a duly noticed public hearing for the purpose of presenting the results of its updated investigation, hearing from all persons who are interested in, or would be affected by, a determination that the Study Area is a redevelopment area, and receiving into the record and considering all objections and evidence in support of such objections to a determination that the Study Area be designated as a non-condemnation redevelopment area.
4. After completing its public hearing on the matter, the Board shall make a recommendation to the Mayor and Council as to whether all, or any portion thereof, of the Study Area should continue to be designated as a non-condemnation redevelopment area.
5. The Board staff and Municipal Land Use Departments, and their consultants, are hereby authorized and directed to assist the Board in conducting its investigation of the Study Area.
6. This resolution shall take effect immediately.
7. The Municipal Clerk shall cause a copy of this resolution to be transmitted forthwith to the Princeton Planning Board.
8. The findings and recommendations of the Board, once completed, shall be submitted to the Mayor and Council for review and consideration in accordance with the provisions of the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq.