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Back to the Planning Board
(by Karen F. Mrnarevic - April 09, 2008)
The borough council has voted to refer its redevelopment plan back to the Planning Board.
The verbal resolution, passed after a closed session on Tuesday, April 1, will allow the Planning Board to re-notify the property owners within the redevelopment area that their individual properties have been designated in need of redevelopment and detail the implications of the designation. Furthermore, the board will revisit the findings of a 2004 study by the borough planner that found the downtown to be in need of redevelopment. The board will also be required to “readopt and supplement” the plan to bring it up to speed with the evolving expectations of the borough and the chosen redeveloper, Millenium Homes, Inc.
The resolution, which will be memorialized at a subsequent meeting of the council, comes almost two months after the state court of appeals passed a landmark decision in the case of Harrison Development Agency vs. DeRose. In that case, the court found that the state’s Local Redevelopment Housing Law (LRHL), does not provide for adequate notice to be given to property owners of the consequences of their property being included in a redevelopment zone. The court held in the Harrison decision that a municipality must provide individualized written notice to all owners in the target area informing them that their property has been designated for redevelopment. The notice must also include mention that the designation authorizes the municipality to take the property against the owner’s will and that the owner has 45 days to challenge the designation in Superior Court.
Prior to the court decision, the LRHL only required that property owners be informed of the initial Planning Board meeting where the designation would be discussed. The Borough of Emerson complied with the law as it was previously written, but decided that given the new court decision, a re-notification was in order to allow property owners another opportunity to contest their inclusion in the zone.
According to Councilman Chris Heyer, who made the motion for the council’s resolution, the borough still believes that its redevelopment plan is legal and viable, and it does not intend to change the plan. However, “given the threat of further lawsuits filed by property owners against the borough, the council thought that the best way to protect the borough,” and by extension the taxpayers, “is to readdress the issues that have come up in recent months.”
Asked if the Planning Board’s reevaluation of the redevelopment plan could lead to changes, Borough Attorney Philip Boggia said, “I don’t think so, but anything is possible.” He reiterated that “the Mayor and Council is committed to the redevelopment plan, but since it is 3 or 4 years old there is a possibility that there could be some changes.” He noted that Borough Planner Joe Burgis “will have to get involved” with the Planning Board to work out possible revisions to the plan and confirmed that the Planning Board will begin to hold public meetings to review the plan sometime in May or June.
In a demonstration of the governing body’s continued support of redevelopment, Mayor Lou Lamatina met with County Executive Dennis McNerney on April 3 to discuss a pivotal element of the plan, the widening of Kinderkamack Road, a road for which the county normally would cover the cost of construction.
Lamatina reported in his online “Mayor’s Update” that McNerney has “pledged his unwavering support for the project and offered his assurance that the county will” facilitate the widening of Kinderkamack Road. Additionally, Lamatina pointed out that since the area to be widened is part of the redevelopment zone, the chosen developer would be responsible for acquiring the land necessary for the road widening. This support would mean that the reconfiguration of the road would be completed at no cost to the borough.
Representatives of Millenium Homes, Inc. will accompany borough officials to the State Office of Smart Growth for a meeting on April 10 to begin the process of acquiring state approval of the redevelopment plan. The borough and developer will seek the guidance of a team of various state agencies, called DOIT (Development Opportunities Interactive Team), in hopes of establishing efficient ways to make the redevelopment a reality.
Karen F. Mrnarevic's e-mail address is Mrnarevic@northjersey.com.
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