BOROUGH OF BELMAR
BOROUGH COUNCIL
ORDINANCE 2013-17
ORDINANCE OF THE MAYOR AND BOROUGH COUNCIL OF THE BOROUGH OF BELMAR, IN THE COUNTY OF MONMOUTH, NEW JERSEY, ADOPTING THE  BOARDWALK REDEVELOPMENT PLAN
WHEREAS, the Borough of Belmar, in the County of Monmouth, New Jersey (the Borough) a public body corporate and politic of the State of New Jersey (the State), is authorized pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (the Redevelopment Law), to determine whether certain parcels of land within the Borough constitute an area in need of rehabilitation and/or an area in need of redevelopment; and
WHEREAS, on September 18, 2013 the Borough Council (the Borough Council) adopted Resolution No. 2013-32 authorizing the Planning Board of the Borough (the Planning Board) to investigate whether certain property within the Borough, specifically, the property bordered to the north by the northern edge of the roadbed of Second Avenue; to the south by Lake Como; to the east by the Atlantic Ocean; and to the west by the westerly edge or the roadbed of Ocean Avenue (the Boardwalk Study Area), qualified as an area in need of redevelopment in accordance with the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A 1 et. seq. (the Redevelopment Law); and
WHEREAS, as part of the investigation, the Planning Board caused a map of the area, as well as a redevelopment investigation, to be prepared by David G. Roberts of Maser Consulting Professional Engineers (the Planning Consultant)  to assist in the Boards investigation (the Report); and
WHEREAS, the Planning Board on March 20, 2013, after providing notice as required under the LRHL, reviewed the Report and heard from the Planning Consultant that the Boardwalk Study Area satisfies one of the criterion in N.J.S.A. 40A:12A-5 to be designated as an area in need of redevelopment, specifically subsection (f) – areas in excess of five continuous acres, whereon buildings or improvements have been destroyed, consumed by fire, demolished or altered by the action of storm, fire, cyclone, tornado, earthquake, or other casualty in such a way that the aggregate assessed value of the area has been materially depreciated; and
WHEREAS, the Planning Board heard from all persons who are interested in or would be affected by a finding that the Boardwalk Study Area is an area in need of redevelopment and all objections to that determination were received and considered by the Planning Board and made part of the record; and
WHEREAS, the Planning Board determined that the Boardwalk Study Area satisfied the criteria set forth in N.J.S.A. 40A:12A-5 to be designated as an area in need of redevelopment and recommended that the Borough Council so designate the Boardwalk Study Area; and
WHEREAS, on April 3, 2013, the Borough Council adopted Resolution No. 2013-102 designating the property identified in the Report as an area in need of redevelopment in accordance with Redevelopment Law and designating such area as the Boardwalk Redevelopment Area (the Redevelopment Area); and
WHEREAS, the Borough Council desires to adopt a redevelopment plan to effectuate the redevelopment of the Redevelopment Area; and
WHEREAS, the Borough Council referred by resolution to the Planning Board for its review and comment pursuant to N.J.S.A. 40A:12A-7(e) a proposed redevelopment plan for the Redevelopment Area prepared by the Planning Consultant and entitled Boardwalk Redevelopment Plan (the Boardwalk Redevelopment Plan); and
WHEREAS, the Planning Board conducted a review of the Boardwalk Redevelopment Plan on September 24, 2013 and made certain recommendation for revisions to such Plan; and
WHEREAS, in compliance with the requirements of N.J.S.A. 40A:12A-7(e), the Borough Council reviewed the recommendations of the Planning Board and decided to adopt the Planning Boards recommendations and to proceed to adopt the Boardwalk Redevelopment Plan as so revised.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOROUGH COUNCIL OF THE BOROUGH OF BELMAR AS FOLLOWS:
Section 1. The Borough Council hereby adopts the Boardwalk Redevelopment Plan attached hereto as Exhibit A.
Section 2. The zoning ordinances of the Borough are hereby amended to include the provisions set forth in the Boardwalk Redevelopment Plan.
Section 3. The Mayor and Council of the Borough of Belmar shall serve as Redevelopment Entity for purposes of implementing the Boardwalk Redevelopment Plan and exercising the powers granted to a redevelopment entity under the Redevelopment Law.
Section 4.   In case any one or more of the provisions of this Ordinance or the Boardwalk Redevelopment Plan shall, for any reason, be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Ordinance or the Boardwalk Redevelopment Plan and this Ordinance shall be construed and enforced as if such illegal or invalid provision had not been contained herein.
Section 5. This Ordinance shall take effect upon final adoption and publication thereof according to law.
NOTICE OF
PENDING ORDINANCE
The Ordinance published herewith was introduced and passed upon first reading at a meeting of the Mayor and Council of the Borough of Belmar in the County of Monmouth, New Jersey held on October 2, 2013 at 6:00 PM.  It will be further considered for public hearing at a meeting of said Council to be held in the Council Chambers on October 23, 2013 at 6:00 PM and during the week prior to and up to and including the date of such meeting, copies of said ordinance will be made available at the Clerk’s Office, 601 Main St., Belmar, N.J. between the hours of 9AM to 4:30 PM to the members of the general public who shall request the same.
April Claudio
Municipal Clerk
($70.04) (206) (10/10)
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