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Resolution of the Mayor and Council of Princeton Authorizing and Directing the Planning Board of the Municipality of Princeton to Undertake a Preliminary Investigation of the Properties Located at 27 Franklin Avenue, Princeton and 101 Walnut Lane, Princeton, and Designated on the Official Tax Map of Princeton as Block 7301, Lot 1 and Block 31.01, Lot 105, respectively, to Determine Whether the Properties, or Parts thereof, Qualify as a Non-Condemnation Area in Need of Redevelopment.
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WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq. (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 in need of redevelopment, 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, 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, the Mayor and Council of the Municipality of Princeton (the “Governing Body”) desire to authorize and direct the Planning Board of the Municipality of Princeton (the “Planning Board”) to undertake a preliminary investigation to determine whether the real properties located at 27 Franklin Avenue, Princeton and 101 Walnut Lane, Princeton, and designated on the Official Tax Map of Princeton as Block 7301, Lot 1 and Block 31.01, Lot 105, respectively (the “Study Area”), qualify as a non-condemnation area in need of redevelopment pursuant to and in accordance with the Redevelopment Law; and
WHERAS, the Governing Body hereby requests and directs the Planning Board to undertake an investigation of the Study Area, and produce a report containing its findings as to whether the Study Area meets one or more of the criteria set forth in N.J.S.A. 40A:12A-5, and make a recommendation to the Governing Body as to whether all or a portion of the Study Area should be designated as a non-condemnation redevelopment area.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of Princeton, County of Mercer, State of New Jersey, as follows:
1. The preamble to this resolution is hereby incorporated herein as if fully restated.
2. The Planning Board is hereby directed to conduct a preliminary investigation of the Study Area defined hereinabove, consisting of the real properties located at 27 Franklin Avenue, Princeton and 101 Walnut Lane, Princeton, and designated on the Official Tax Map of Princeton as Block 7301, Lot 1 and Block 31.01, Lot 105, respectively, 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, 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. The Planning Board is directed to prepare 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; to prepare a report containing the Planning Board’s findings; and to hold a duly noticed public hearing for the purpose of presenting the results of its 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 Planning Board shall make a recommendation to the Governing Body as to whether all, or any portion thereof, of the Study Area should be designated as a non-condemnation redevelopment area.
5. The Planning Board staff, consultants and professionals, including Topology NJ LLC, are hereby authorized and directed to assist the Planning 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 Planning Board.
8. The findings and recommendations of the Planning Board, once completed, shall be submitted to the Governing Body 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.