Identification of properties. Based upon the recommendation of the Pompton Lakes Planning Board and recognizing the diligent work of the Board, the following properties are hereby declared an area in need of redevelopment pursuant to the provisions of N.J.S.A. 40A:12A-1 et seq.:

Block 6300, Lot 34, included in plan. Notwithstanding the foregoing, in certain redevelopment scenarios the importance of the location of a property may be sufficient to warrant the property's inclusion in the area in need of redevelopment. The Borough Council hereby finds and determines that, notwithstanding the lack of other evidence, the important location of Block 6300, Lot 34, the office building at 223 Wanaque Avenue, warrants inclusion in this redevelopment area. As such, this property meets the standard under N.J.S.A. 40A:12A-3. However, the inclusion of this property in this plan is limited to the purpose(s) indicated in § 190-88B and E hereof. (N.J.S.A. 40A:12A-3 provides that a property may not be detrimental to the public and may not meet the other criteria and still may be included in a redevelopment area.)

Eminent domain condemnation not authorized. It is further determined by the Borough Council that the use of eminent domain condemnation is NOT authorized in this Redevelopment Plan Amendment. As such, NO property is identified or authorized to be acquired through eminent domain condemnation as required by N.J.S.A. 40A:12A-7.a(4). No relocation efforts and expenses are therefor necessary, as required to be identified by N.J.S.A. 40:12A-7a.(3).

The DRA-1 Zone shall encompass and include those parcels identified in § 190-83A of this article that are located in the preexisting DBD-1 Zoning District, together with the parcel identified in § 190-83B of this article: Block 6300, Lot 34. The DRA-1 Zoning District shall also include the following parcels: Block 3000, Lot 36, Block 6200, Lot 1, Block 6300, Lots H, 4.01 and 19 and Block 63, Lot 7. The following modifications to the DBD-1 zoning regulations are hereby made, and § 190-17 of the Borough Code is hereby amended to reflect these modifications.

The DRA-2 Zone shall encompass and include those parcels identified in § 190-83A of this article that are located in the preexisting DBD-2 Zoning District. The DRA-2 Zoning District shall also include the following parcels: Block 100, Lots 10.02 and 10.03. The following modifications to the DBD-2 Zoning Regulations are hereby made and § 190-17 of this chapter is hereby amended to reflect these modifications.

Those properties located in the DBD-1 and DBD-2 Zones in Downtown Pompton Lakes not included in the Redevelopment Plan (either by inclusion in Ordinance No. 09-01 or Ordinance No. 11-08 and not otherwise included in the new zoning district (DRA-1 and DRA-2) shall maintain their previous zoning.

In furtherance of the aforesaid policies of the Borough Council, the Board of Adjustment and/or Planning Board may NOT consider, grant or approve variances from the land use provisions (including permitted and conditional uses) of the Downtown Pompton Lakes Redevelopment Plan, as specified and included in Ordinance No. 09-01 and Ordinance No. 11-08.

The Hamburg Redevelopment Area currently consists of one property, Block 2800, Lot 11 situated on 0.3144 acres or 13,694 square feet of land. The lot fronts on Paterson Hamburg Turnpike near the western border of the Borough. The existing building was constructed in the early 1900s and has fallen into severe disrepair, causing unsafe conditions. In addition to the residential structure, the site contains two sheds, a paved driveway and lawn areas. The subject property is surrounded by a residential property to the rear (north), a Masonic Temple to the right of lot (east) and a multitenanted commercial structure to the left of the lot (west) on Paterson Hamburg Turnpike. The Redevelopment Area is generally rectangular and flat in shape with a small extension in the northeast corner.

The HRA-1 zone is an overlay zone. Properties included in any designated redevelopment zone not included in the redevelopment plan and not otherwise included in the HRA-1 zoning district shall maintain their previous zoning.

In furtherance of the aforesaid policies of the Borough, the Planning Board and Zoning Board of Adjustment, unless otherwise set forth in Chapter 190, may not consider, grant or approve variances from land use provisions (including permitted and conditional uses) in any designated Redevelopment Plan.

This Redevelopment Plan has as its objectives to promote commerce, as well as appropriate land uses, density of population, improved traffic and public transportation circulation, public utility placement, recreation and community facility improvements as well as other public improvements. This plan provides for housing opportunities in Downtown Pompton Lakes to be redeveloped in concert with the preexisting and envisioned new service businesses. This plan also provides for the potential development of new community facilities, including public safety (police) facilities at the vacant office property at 223 Wanaque Avenue (Block 6300, Lot 34).

This plan also has as an additional objective the cleanup and transformation of an environmentally challenged site, a former laundry/cleaning facility (Block 6000, Lot 30). This site is vacant and has been undergoing testing and environmental monitoring of potential contaminants. It is the intent of this plan for the Borough to assist in the conveyance of this site to a redeveloper so that an adaptive reuse within the confines of existing zoning regulations.

This plan includes land use patterns in the redevelopment area(s), and newly created redevelopment zones, which generally follow the existing Borough Zoning Regulations applicable to the respective area with certain exceptions as described in § 190-84 of this article.

Undertake redevelopment projects, and for this purpose issue bonds in accordance with the provisions of N.J.S.A. 40A:12A-29.

Acquire or purchase property for public purposes and clear any area owned or acquired by the Borough of Pompton Lakes. Install, construct or reconstruct streets, facilities, utilities, and site improvements essential to the preparation of sites for use in accordance with the redevelopment plan. This provision expressly authorizes the Borough Council, as redevelopment entity, to enter into an agreement to acquire Block 6300, Lot 34, located at 233 Wanaque Avenue, together with any adjacent or related properties that may be acquired separately or as part of the acquisition (or assignment, or exchange) of municipally owned property. The acquisition of property is being hereby authorized, provided that said purchase of property (Block 6300, Lots 34) is for a commercially reasonable value as may be determined by the Borough's economic development consultant and authorized by the redevelopment entity (the Borough Council), provided that a reasonable appraisal or other appropriate valuation is made.

Prepare or arrange by contract for the provision of professional services and the preparation of plans by registered architects, licensed professional engineers or planners, or other consultants for the carrying out of redevelopment projects.

Arrange or contract with public agencies or redevelopers for the planning, replanning, construction, or undertaking of any project or redevelopment work, or any part thereof; negotiate and collect revenue from a redeveloper to defray the costs of the redevelopment entity, including, where applicable, the costs incurred in conjunction with bonds, notes or other obligations issued by the redevelopment entity, and to secure payment of such revenue; as part of any such arrangement or contract, provide for extension of credit or making of loans to redevelopers to finance any project or redevelopment work, or upon a finding that the project or redevelopment work would not be undertaken but for the provision of financial assistance or would not be undertaken in its intended scope without the provision of financial assistance, provide as part of an arrangement or contract for capital grants to redevelopers; and arrange or contract with public agencies or redevelopers for the opening, grading or closing of streets, roads, roadways, alleys, or other places or for the furnishing of facilities or for the acquisition by such agency of property options or property rights or for the furnishing of property or services in connection with a redevelopment area.

Acquire, lease or convey property or improvements to any other party pursuant to this section, without public bidding and at such prices and upon such terms as it deems reasonable, provided that the lease or conveyance is made in conjunction with a redevelopment plan, notwithstanding the provisions of any law, rule, or regulation to the contrary. This provision expressly authorizes the Council, as redevelopment entity, to enter into an agreement to acquire and/or lease property at Block 6300, Lot 34, located at 233 Wanaque Avenue, together with any adjacent or related properties that may be acquired or leased separately. This provision shall only be exercised by the Borough, provided the acquisition or lease of property (Block 6300, Lot 34) is for reasonably equivalent value (or to the favor of the Borough), as may be determined by the Borough's economic development consultant and authorized by the redevelopment entity (the Borough Council), provided that a reasonable appraisal or other appropriate valuation is made in connection with the acquisition or lease. Further, the Borough Council may, upon receipt of an acceptable proposal obtained through a public request for proposals (RFP) process, designate a redeveloper to construct municipal facilities upon municipally owned or leased property in the Downtown Pompton Lakes redevelopment area. This shall include but is not limited to the construction of parking facilities and new municipal offices.

Make, consistent with the redevelopment plan: 1) plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements; and 2) plans for the enforcement of laws, codes, and regulations relating to the use and occupancy of buildings and improvements, and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements.

Request that the Planning Board recommend and Council designate particular properties or areas as being in need of redevelopment in accordance with the provisions of this act and make recommendations for the redevelopment of such areas. This includes Block 6300, Lots 1, 3, 3.01, and 4 at the intersection of Wanaque Avenue and Colfax Avenue, adjacent to the municipal parking lot at Block 6300, Lot 24, so as to determine if said properties satisfy the criteria of the LRHL for inclusion in this redevelopment area. The Planning Board is hereby authorized and directed to undertake the preliminary investigation of these properties as required by N.J.S.A. 40A:12A-6.

Study the recommendations of the Planning Board or Borough Administration for redevelopment of the area, including potential redevelopment projects.

Publish and disseminate information concerning any redevelopment area, plan or project.

Do all things necessary or convenient to carry out its powers.