TOWNSHIP OF NORTH HANOVER

COUNTY OF BURLINGTON

ORDINANCE NO. 2024-01

AN ORDINANCE OF THE TOWNSHIP OF NORTH HANOVER ADOPTING REDEVELOPMENT PLAN FOR BLOCK 800, LOT 61, NORTH HANOVER TOWNSHIP, BURLINGTON COUNTY, NEW JERSEY

WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (the “Redevelopment Law”) authorizes municipalities to determine whether certain parcels of land located therein constitute an area in need of redevelopment; and

WHEREAS, to determine whether certain parcels of land constitute areas in need of redevelopment under the Redevelopment Law, the Township Committee of the Township of North Hanover (“Township Committee”) must authorize the Joint Land Use Board of the Township of North Hanover (“JLUB”) to conduct a preliminary investigation of the area and make recommendations to the Township Committee; and

WHEREAS, the Township Committee by way of Resolution No. 2033-44 adopted on February 16, 2023, as amended by Resolution No. 2023-115 adopted on August 3, 2023, authorized the JLUB to undertake a preliminary study, conduct the necessary investigation, and hold a public hearing to determine whether the real property identified as Block 800, Lot 61 on the tax map of the Township, inclusive of any and all streets, “paper” streets, private drives and rights of way (the “Study Area”) met the criteria set forth in the LRHL, specifically N.J.S.A. 40A:12A-5, and should be designated as a non-condemnation area in need of redevelopment; and

WHEREAS, as requested by the Township Committee, JLUB Planner, Edward Fox, AICP, PP, of Environmental Resolutions, Inc. prepared a written report on the Preliminary Investigation of Monmouth Road Study Area in North Hanover Township, Burlington County as a Non-Condemnation Area in Need of Redevelopment (the “Investigation Study”) which contained maps showing the boundaries of the potential Non-Condemnation Area in Need of Redevelopment and the location of the property included therein and provided findings and recommendations setting forth the basis for and results of the investigation; and

WHEREAS, as required by the LRHL, N.J.S.A. 40A:12A-6, after the required public notice, the JLUB conducted a public hearing on June 28, 2023, to review and consider the Findings and Recommendations as set forth in the Investigation Study, and to consider any public comments from persons interested in or would be affected by a determination that Lot 61 in Block 800 qualified as a Non-Condemnation Area in Need of Redevelopment; and

WHEREAS, on June 28, 2023, Edward Fox, Township Planner, provided testimony to the JLUB regarding his investigation, findings and recommendations pertaining to whether the Study Area should be recommended to be a non-condemnation area in need of redevelopment; and

WHEREAS, the JLUB reviewed the Investigation Study, heard testimony, and considered all relevant facts and determined that the Study Area met the statutory criteria to be in need for non-condemnation redevelopment; and

WHEREAS, the JLUB found the Investigation Study and testimony of Mr. Fox to be credible and recognized Mr. Fox’s experience and knowledge of the Township based on his service as the Township Planner; and

WHEREAS, the Planning Board specifically adopted the Recommendations set forth in Part III of the Investigation Study testimony of Mr. Fox that Block 800, Lot 61 and sections of public rights-of-way adjacent to this parcel meet the statutory criteria for a Non-Condemnation Area in Need of Redevelopment; and

WHEREAS, the JLUB, based upon its knowledge of the Township, the Investigation Study presented by the Township Planner, the testimony presented at the public hearing and the history of underutilization of the Study Area, determined that Block 800, Lot 61 on the tax map of the Township of North Hanover, inclusive of all streets and “paper” streets, private drives and adjacent rights-of-way is in need of redevelopment and that Study Area as a whole would benefit from non-condemnation redevelopment and therefore, recommended same to the Township Committee; and

WHEREAS, the JLUB adopted Resolution 2023-10 on July 19, 2023, thereby formalizing its recommendation to the Township Committee; and

WHEREAS, the Township Committee concurred with the Joint Land Use Board’s findings and recommendation that Block 800, Lot 61 on the tax map of the Township of North Hanover, inclusive of all streets, “paper” streets, private drives and sections of public rights-of-way adjacent to Block 800, Lot 61 (the “Redevelopment Area”), be designated as a Non-Condemnation Area in Need of Redevelopment; and

WHEREAS, on August 3, 2023, , the Township Committee adopted Resolution 2023-116 formally designating the Redevelopment Area as a Non-Condemnation Area in Need of Redevelopment; and

WHEREAS, a Redevelopment Plan for Block 800, Lot 61, North Hanover Township, Burlington County, New Jersey dated December 2023 was prepared for the Township of North Hanover by Mark A. Remsa, PP, AICP, and reviewed by Township and JLUB Planner Edward Fox, PP, AICP and Township and JLUB Engineer Joseph Hirsh (hereinafter the “Redevelopment Plan” or “Plan”), a copy of which is attached hereto and made a part hereof; and

WHEREAS, the Township Committee of the Township of North Hanover desires to adopt the Redevelopment Plan for Block 800, Lot 61, North Hanover Township, Burlington County, New Jersey and to amend the Township’s Zoning Map by adoption of this ordinance.

NOW THEREFORE BE IT ORDAINED by the Township Committee of the Township of North Hanover, County of Burlington and State of New Jersey as follows:

SECTION 1.

1. The recitals set forth above are incorporated herein by reference and made a part hereof as though more fully set forth herein at length.

2. The “Redevelopment Plan, 130 Monmouth Road, Block 800, Lot 61, North Hanover Township, Burlington County” dated December 2023, and prepared for the Township of North Hanover by Mark A. Remsa, PP, AICP, a copy of which is attached hereto and made a part hereof, be and is hereby adopted.

3. The Zoning Map of the Township of North Hanover relating to Block 800, Lot 61 on the official Township Tax Map, inclusive of any and all streets, “paper” streets, private drives and sections of public rights of way adjacent to Block 800, Lot 61, be and is hereby amended to incorporate the provisions of the “Redevelopment Plan, 130 Monmouth Road, Block 800, Lot 61, North Hanover Township, Burlington County” dated December 2023, and prepared for the Township of North Hanover by Mark A. Remsa, PP, AICP and shall indicate the redevelopment area to which the Redevelopment Plan applies.

SECTION 2. At least three copies of said full Ordinance are on file in the Office of the Municipal Clerk for public examination and acquisition. Copies are available for inspection or acquisition during regular weekday working hours and arrangements have been made for the publication of said proposed Ordinance in pamphlet or other similar form which will be available for purchase from the Township Clerk.

SECTION 3. Upon adoption of this Ordinance, after public hearing thereon, the Township Clerk is further directed to publish notice of passage thereof and file a copy of this Ordinance as finally adopted with the County Planning Board as required by N.J.S. 40:55D-16 and with the Township Tax Assessor.

SECTION 4. INCONSISTENT ORDINANCES All ordinances or parts of ordinances inconsistent with or in conflict with this ordinance are hereby repealed to the extent of such inconsistency.

SECTION 5. PARTIAL INVALIDITY If any section, paragraph, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, clause or provision so adjudged and the remainder shall be deemed valid and effective.

SECTION 6. EFFECTIVE DATE This ordinance shall take effect upon final passage and publication according to law.

***************************************

NOTICE

This Ordinance published herewith was introduced and passed upon first reading at the regular meeting of the Township Committee of the Township of North Hanover held on January 4, 2024. It will be further considered for final passage after a public hearing to be held on March 7, 2024, at the Municipal Building, 41 Schoolhouse Road, Jacobstown, NJ at 7:00 p.m. or as soon thereafter as the matter may be heard, at which time and place any person desired to be heard upon the same will be given an opportunity to be heard. Copies are available free of charge at the Municipal Clerk’s Office prior to the public hearing.

______________________________
Mary Picariello, RMC/CMR/CTC Municipal Clerk

Vote on Introduction of Ordinance 2024-01:

NOTICE

The ordinance read by title upon second reading herewith has been adopted at the meeting of the Township Committee of North Hanover Township, held on March 7, 2024, and the 20-day period of limitation within which a suit, action or validity of such ordinance can be commenced, has begun to run from the date of the publication of this notice.

_________________________

Mary Picariello, RMC/CMR/CTC

Municipal Clerk

Vote on Adoption of Ordinance 2014-01: