Public Notice:
CITY OF HACKENSACK ORDINANCE NO. 5-2014 NOTICE IS HEREBY GIVEN that Ordinance No. 5-2014 of the City of Hackensack, County of Bergen and State of New Jersey, entitled: AN ORDINANCE ADOPTING 150-170 MAIN STREET REDEVELOPMENT PLAN GOVERNING BLOCK 302, LOTS 4, 5.01, 5.02, 6,7,8,9 AND 10 was introduced and has passed its first reading at a meeting of the governing body of the City of Hackensack, in the County of Bergen, State of New Jersey, on January 28, 2014. It will be further considered for final passage after a public hearing thereon, at a meeting of the City Council to be held at City Hall, Council Chambers, 65 Central Avenue, on Tuesday, February 18, 2014 at 8:00 p.m., or as soon thereafter as the matter can be reached. Deborah Karlsson, City Clerk ORDINANCE NO. 5-2014 CITY OF HACKENSACK COUNTY OF BERGEN ORDINANCE ADOPTING 150-170 MAIN STREET REDEVELOPMENT PLAN GOVERNING Block 302, Lots 4, 5.01, 5.02, 6, 7, 8, 9 and 10 WHEREAS, the City of Hackensack, in the County of Bergen, State of New Jersey (“the City”) is authorized pursuant to N.J.S.A. 40A:12A-5 to determine that a delineated area in the City is an area in need of redevelopment; and WHEREAS, in order to make that determination, the City Council must first authorize the City’s Planning Board to undertake a preliminary investigation to determine whether a proposed area is a redevelopment area according to the criteria set forth in N.J.S.A. 40A:12A-5 and N.J.S.A. 40A:12A-3; and WHEREAS, on November 12, 2013, the Mayor and Council authorized and requested that the Planning Board to undertake a preliminary investigation (“the Investigation”) to determine whether Block 302, Lots 4, 5.01, 5.02, 6, 7, 8, 9 and 10 (“the Area of Investigation”) constitutes an “area in need of redevelopment” according to the criteria set forth in N.J.S.A. 40A:12A-5 and N.J.S.A. 40A:12A-3, and this property being commonly known as 150-170 Main Street; and WHEREAS, the Mayor and Council also authorized its planning consultant, DMR Architects (“DMR”) to assist the Planning Board in the Investigation and the Planning Board appointed DMR to conduct the necessary redevelopment investigation; and WHEREAS, consistent with the requirements set forth in N.J.S.A. 40:12A-6, the Planning Board specified and gave notice that on January 8, 2014 a hearing would be held for the purpose of hearing all persons who are interested in or would be affected by a determination that the properties in the Area of Investigation are a redevelopment area as that term is defined in Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (“LRHL”); and WHEREAS, DMR prepared a “Report of Preliminary Investigation for Determination of an Area in Need of Redevelopment for the Area of Investigation (the “Investigation Report”) that was publicly presented after adequate notice before the Planning Board on January 8, 2014; and WHEREAS, the Investigation Report determined that the Area of Investigation, which is already part of the City’s Main Street Rehabilitation Area designated in 2012, evidences significant blighting conditions and characteristics that qualify the Area of Investigation as an “area in need of redevelopment” because it collectively satisfies the “a” “b” “d” and “e” criteria of the LRHL under N.J.S.A. 40A:12A-5; and WHEREAS, on January 8, 2014, the Planning Board held a public hearing concerning the Area of Investigation at which Brian M. Nelson, Esq. of Archer & Greiner PC represented the Mayor and Council of the City and Joseph Mecca, Esq. represented the Planning Board of the City; and WHEREAS,on January 8, 2014, the Planning Board received the uncontested testimony of Fran Reiner, L.L.A., P.P. of DMR and Mr. Reiner provided an eye witness account of the conditions that he observed at the Area of Investigation which confirmed the description of conditions found in the Investigation Report and Mr. Reiner also gave testimony concerning the relationship of the observed conditions to the redevelopment criteria and the decadent effect that these blighting conditions were having on the surrounding properties; and WHEREAS, the Planning Board hearing was opened to the public on January 8, 2014 for the purpose of hearing all persons who are interested in or would be affected by a determination that the Area of Investigation is a redevelopment area; and WHEREAS, after completing its hearing and investigation of this matter on January 8, 2014, the Planning Board determined to recommend that the Mayor and City Council designate the Area of Investigation as a redevelopment area because the Investigation Report and testimony of Fran Reiner provide substantial evidence that the Area of Investigation meets the criteria enumerated in the Investigation Report and that the Area of Investigation is in fact a blighted area that is having a decadent effect on surrounding properties; and WHEREAS, on January 28, 2014, the Mayor and City Council adopted a resolution concurring with the Planning Board’s findings and has determined to designate the Area of Investigation as an “area in need of redevelopment” pursuant to the LRHL; and WHEREAS, at the direction of the Mayor, City Council and the Planning Board, DMR has prepared a Redevelopment Plan entitled “150-170 Main Street Redevelopment Plan” dated January 2014(the “150-170 Main Street Redevelopment Plan”); and WHEREAS, the Mayor and City Council wishes to adopt the 150-170 Main Street Redevelopment Plan for the area designated in need of redevelopment consisting of Block 302, Lots 4, 5.01, 5.02, 6, 7, 8, 9 and 10; and WHEREAS, N.J.S.A. 40A:12A-7 requires the adoption of redevelopment plans by ordinance with the Planning Board reviewing the plan for consistency with the Master Plan of the City of Hackensack prior to final adoption, which referral has taken place, and a report being returned from the Planning Board as to such consistency with the Master Plan. NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the City Council of the City of Hackensack in the County of Bergen, State of New Jersey, as follows: SECTION 1.150-170 Main Street Redevelopment Plan. The “150-170 Main Street Redevelopment Plan” prepared by DMR and attached hereto as Exhibit A and by the reference made a part hereof is hereby approved and adopted pursuant to N.J.S.A. 40A:12A-1 et seq. SECTION 2. Severability. If any section, subsection or paragraph of this ordinance be declared unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, such chapter, section subchapter or paragraph shall to the extent that is not held unconstitutional, invalid or inoperative remain in full force and effect and shall not affect the remainder of this ordinance. SECTION 3. Repealer. All ordinances andresolutions, and parts of ordinances and resolutions which are inconsistent with provisions of this ordinance shall be, and are hereby, repealed to the extent of any such inconsistency. SECTION 4. Effective Date.This ordinance shall take effect after final adoption and approval pursuant to law. Introduced: 1/28/2014 Adopted: Deborah Karlsson, City Clerk January 31, 2014-fee:$174.83 (185) 3632976