2012 redevelopment plan - The Borough Of South Bound Brook
Transcription
2012 redevelopment plan - The Borough Of South Bound Brook
2012 REDEVELOPMENT PLAN Block 57.02, Lot 1 45 Main Street Borough of South Bound Brook, Somerset County Adopted by Planning Board: ____________, 2012 Adopted by Borough Council: ___________, 2012 PREPARED BY: ________________________________________ John Madden, PP #33LI100145200, AICP ________________________________________ Darlene A. Jay, PP #33LI00611400, AICP July 2012 The original of this report was signed in accordance with NJSA 45:14A-12. MC Project No. SBP-027 TABLE OF CONTENTS I. Preface........................................................................................................................................................... 2 II. Introduction .................................................................................................................................................. 2 Statutory Basis for the Redevelopment Plan .............................................................................................................2 Site History .................................................................................................................................................................3 Description of the Redevelopment Plan Area ............................................................................................................3 III. Public Purpose ............................................................................................................................................. 5 Goals & Objectives .....................................................................................................................................................5 Relationship to Local Objectives ................................................................................................................................6 Relationship to Other Plans .......................................................................................................................................8 IV. Redevelopment Plan ...................................................................................................................................10 General Provisions ...................................................................................................................................................10 Land Use & Development Requirements .................................................................................................................12 V. Relationship to Zoning Ordinance .................................................................................................................24 Superseding Provisions ............................................................................................................................................24 Zoning Map Revision................................................................................................................................................24 VI. Tax Abatement (PILOT) Program .................................................................................................................25 VII. Amendments to & Duration of the Redevelopment Plan ............................................................................25 Amendments to the Redevelopment Plan ...............................................................................................................25 Certificates of Completion & Compliance ................................................................................................................25 Severability ..............................................................................................................................................................25 Selection of Redeveloper(s)......................................................................................................................................25 2012 Redevelopment Plan | Block 57.02, Lot 1 1 I. PREFACE The 2012 Borough of South Bound Brook tax rolls identify 45 Main Street as Block 57.02, Lot 1 containing 2.3 acres. The property has frontage on both Main Street and Washington Street. This property previously consisted of five tax parcels formerly known as Block 57, Lots 4.01, 5.01, 5.02, 6 and 7 and portions of three tax parcels formerly known as Block 57, Lots 1, 2.10 and 3.10. II. INTRODUCTION STATUTORY BASIS FOR THE REDEVELOPMENT PLAN In 1997, the Borough of South Bound Brook Planning Board recommended to the Borough Council that the parcel located at 45 Main Street, Block 57.02, Lot 1, be designated as an “Area in Need of Redevelopment”, according to the New Jersey Local Redevelopment and Housing Law (LRHL). The Borough Council approved this recommendation at its January 10, 1998 meeting and requested the Planning Board to prepare a Redevelopment Plan for the area. This 2012 Redevelopment Plan supersedes all previous redevelopment plans for Block 57.02, Lot 1 (hereinafter the “Redevelopment Area”) and has been completed in accordance with the LRHL. This 2012 Redevelopment Plan has been prepared in accordance with N.J.S.A. 40A:12A-7a, which provides that redevelopment projects may only be undertaken or carried out in accordance with a redevelopment plan adopted by ordinance of the municipal governing body, upon its findings that the specifically delineated project area is located in an area in need of redevelopment or in an area in need of rehabilitation, or in both, according to the criteria set forth in section 5 or section 14 of the LRHL. Two of the most notable powers under the LHRL (N.J.S.A. 40A:12A-8) are as follows: “f. 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. g. Except with regard to property subject to the requirements of P.L.2008, c.65 (C.40A:5-14.2 et al.), 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”. 2012 Redevelopment Plan | Block 57.02, Lot 1 2 SITE HISTORY Block 57.02, Lot 1 has a long history, which is summarized below for reference: January 1998 Block 57.02, Lot 1 designated with adjacent lots as an Area in Need of Redevelopment by Borough Council. June 1998 Redevelopment Plan approved for retail and recreation uses for Block 57.02, Lot 1 and adjacent lots. January 2005 “Redevelopment Plan Phase One Refined Sub-plan” (hereinafter 2005 Redevelopment Plan) approved for the triangle bounded by Main Street, Washington Street and the D&R Canal. April 2005 final site plan and subdivision approvals granted for the Redevelopment Area, which included the construction of approximately 23,000 square feet of retail space with 18 residential units above retail. March 2005 – September 2008 Litigation. o Litigation between the Borough, Matzel and Mumford and the Fanaro’s, owner of Block 57, Lots 4.01, 5.01 and 5.02, to acquire the aforementioned properties. January 2009 Route 517 Development, LLC terminates agreement to redevelop the Redevelopment Area. 2009 to 2011 Matzel and Mumford discuss alternatives for the Redevelopment Area with Borough Redevelopment Committee. July 12, 2011 Borough Council directs Planning Board to prepare a Redevelopment Plan for the Redevelopment Area.1 November 9, 2011 Planning Board adopts the 2011 Redevelopment Plan for Block 57.02, Lot 1 and forwards the document to Borough Council for review and approval. December 28, 2011 Borough Council adopts the 2011 Redevelopment Plan for Block 57.02, Lot 1 via Ordinance #2011-008. May 8, 2012 Borough Council directs Maser Consulting to prepare an amendment to the 2011 Redevelopment Plan. DESCRIPTION OF THE REDEVELOPMENT PLAN AREA The Redevelopment Area totals 2.3 acres and is located at 45 Main Street, specifically at the northeastern corner of the intersection of Main Street (County Route 527) and Washington Street. The Redevelopment Area, shown on the following page, is bound by multi-family townhomes (Canal Crossing) and the Credit View from Washington Street of the Redevelopment Area with Canal Crossing in the background. 1 Memo from Donald Kazar, Borough Clerk, to Planning Board, dated July 12, 2011. 2012 Redevelopment Plan | Block 57.02, Lot 1 3 Map 1 – Aerial of Block 57.02, Lot 1 2012 Redevelopment Plan | Block 57.02, Lot 1 4 Union to the north, multi-family townhomes (Canal Crossing) to the east, single-family detached homes to the south and commercial uses to the west. Almost the entirety of the perimeter of the Redevelopment Area is bounded by streets. The western side abuts Main Street; the southern side is adjacent to Washington Street; the eastern side abuts DeKalb Place and a portion of the northern side adjoins Patriots PathAdditionally, there is an access easement along the portion of the property boundary that is adjacent to the Credit Union. View of the remaining two buildings in the Redevelopment Area. Currently, a small portion of the Redevelopment Area is occupied by an unoccupied single-family detached house and commercial building. A physical inspection of the Redevelopment Area was conducted on August 19, 2010. It should be noted that the Redevelopment Area has been in the same condition since September of 2007 (with the exception of the removal of the construction trailers). The photographs to the right were taken during the August 19, 2010 inspection. III. PUBLIC PURPOSE GOALS & OBJECTIVES View of the Redevelopment Area from the intersection of Main Street and Washington Street, facing north. The goals and objectives of the Redevelopment Plan include the following: 1. 2. 3. 4. To improve the aesthetic appearance of Main Street. To create a compact, pedestrian-friendly development, through the use of Smart Growth planning and design techniques. To provide for a greater variety of housing and commercial opportunities and choices within South Bound Brook Borough. To increase property values and tax revenues. 2012 Redevelopment Plan | Block 57.02, Lot 1 5 RELATIONSHIP TO LOCAL OBJECTIVES This 2012 Redevelopment Plan furthers and promotes existing local goals and objectives. A Reexamination of the Master Plan and development regulations was performed in 1997. The 2005 Master Plan Update and the 2001 Vision Plan are the current master plan documents of the Borough. 1997 MASTER PLAN REEXAMINATION In 1997, the Borough reviewed its 1984 Master Plan and development regulations. Page 5 of the Master Plan Reexamination states the following regarding the Redevelopment Area, “Redevelopment of the present Industrial Zone is proposed with inclusion of adjacent properties such that a comprehensive plan can be incorporated. Redevelopment plans currently being formulated should be implemented so as to rezone the I Zone and adjacent areas. It is recommended that a new Business Zone be created to include commercial, retail sales and recreation as permitted uses”.2 This 2012 Redevelopment Plan would create a new commercial zone and advance the 1997 report. 2001 VISION PLAN From 1999 to 2000 the Borough of South Bound Brook undertook a visioning process to produce Today’s Vision….Tomorrow’s Future, Vision Plan for Canal Road and Main Street. The plan included ten “zones” within its scope. Zone #3, which is called the Waterfront Plaza, included the area bound by Main Street, D&R Canal and Washington Street. Therefore, the Redevelopment Area was included in this zone. Today’s Vision….Tomorrow’s Future, Vision Plan for Canal Road and Main Street established five goals for all ten zones. Three of the five goals are furthered by this 2012 Redevelopment Plan, which include: Enhance economic development and land use opportunities. Celebrate the Borough’s cultural heritage and enhance its civic image. Promote community services and quality of life.3 Each goal is supplemented by numerous objectives. Of the objectives listed, seven are directly related to and would be advanced by the redevelopment of the Redevelopment Area: 2 Maintain focus on business retention and attraction in the Borough Center. Promote the redevelopment of abandoned, underutilized and environmentally damaged industrialized properties. Provide that the brownfield redevelopment area becomes a productive property for use as a mix of retail and recreational uses to serve as a vibrant activity center. Create a destination for visitors. Encourage and provide for the expansion of the Borough’s economic and tax base. Master Plan Reexamination Report, prepared by the Borough of South Bound Brook Planning Board, dated December 16, 1997. 3 Today’s Vision…Tomorrow’s Future, A Vision Plan for Canal Road and Main Street, prepared by LDR International, dated March 28, 2001, page 7. 2012 Redevelopment Plan | Block 57.02, Lot 1 6 Provide an increased variety of housing types in the Borough while maintaining and improving the quality of the existing neighborhoods. Upgrade and improve the physical appearance of the Borough Center and its related commercial corridors.4 2005 MASTER PLAN UPDATE In May of 2005 the Borough completed a new Master Plan Update. Page 12 of Volume 3 explains the Redevelopment Area was part of a larger area (GAF site) and two Redevelopment Plans were completed in 1998 and 2005. The document states that the latest plan calls for an expansion of the adjacent business district in the Redevelopment Area. The 2005 Master Plan Update states that a new zone was created for the Redevelopment Area to allow for apartments on the second floor of businesses uses.5 This 2012 Redevelopment Plan would continue to allow apartments above commercial and office uses as well as live-work units as a development option. ZONING ORDINANCE The Redevelopment Area was included in two previous Redevelopment Plans, dated 1998 and 2005. In the 2005 Redevelopment Plan, the Redevelopment Area was designated as Business/Residential District only, which allows for retail or office uses with apartments above. The Redevelopment Area received approvals to develop 23,000 square feet of retail space and eighteen (18) residential units in July of 2005. This 2012 Redevelopment Plan creates new standards that use the underlying B Zone permitted uses and bulk standards as a basis and then allows additional permitted principal uses and flexible bulk standards to encourage development. Apartments are also permitted, which remains constant from the 2005 Redevelopment Plan. RELATIONSHIP TO THE LOCAL MASTER PLAN SUMMARY The 2012 Redevelopment Plan as proposed is “substantially consistent” with the Borough of South Bound Brook’s 1997 Master Plan Reexamination, 2001 Vision Plan and 2005 Master Plan Update and furthers a number of policies that the Borough has set for development and growth within its borders. 4 Ibid, pages 7-8. 5 Master Plan Update 2005, prepared by Dennis Hudacsko, dated May 2005, page 12. 2012 Redevelopment Plan | Block 57.02, Lot 1 7 RELATIONSHIP TO OTHER PLANS PLANS OF ADJACENT MUNICIPALITIES As this 2012 Redevelopment Plan involves properties, which did or do exist as developed and because the Redevelopment Area is not immediately adjacent to other municipalities; the 2012 Redevelopment Plan’s adoption will not impact other communities or their Master Plans. PLANS OF SOMERSET COUNTY 1987 SOMERSET COUNTY MASTER PLAN Somerset County’s Master Plan was completed in 1987 and serves as a guide for the future of the County. A Reexamination of the Master Plan was conducted in 1999. Pages 54 through 55 contain the nine key goals of the Master Plan, of which the 2012 Redevelopment Plan advances: To encourage sound development practices by reviewing municipal development regulations, Master Plans and development applications and advising municipalities of their relationship to the County Master Plan. To focus future development opportunities in and around logical areas of existing development by encouraging a variety of housing types, convenient employment opportunities and investments in utilities and transit facilities in defined areas. The effort should be to prevent further sprawl development by increasing the capacity and efficiency of existing core areas of development in order to attract and accommodate new development.6 The 1987 Master Plan also states, “The Planning Board recognizes the need for a greater range of housing in terms of affordability as well as the variety of housing types. The Planning Board suggests that a number of housing alternatives and options be explored”.7 This 2012 Redevelopment Plan provides for the potential of a greater range of housing options for the Borough. Also recommended by the Master Plan are planning strategies for land use. These include encouraging a wide variety of housing types and nearby employment opportunities.8 1999 SOMERSET COUNTY MASTER PLAN REEXAMINATION The Master Plan Reexamination completed in 1999 analyzes trends and issues occurring within the County and makes recommendations for the future, which include: Redirect growth from the rural areas to centers. Provide a greater residential component in existing centers through the adoption of master plans and zoning ordinances, which allow for vertical mixed use development and redevelopment. 6 Somerset County Master Plan, prepared by the Somerset County Planning Board, adopted June 29, 1987, pages 54-55. 7 Ibid, page 71. 8 Ibid, pages 123-124. 2012 Redevelopment Plan | Block 57.02, Lot 1 8 Provide greater housing choices. Place a greater emphasis on pedestrian movement in land use planning and site design.9 This Redevelopment Plan will advance all four recommendations for the future. NEW JERSEY STATE DEVELOPMENT & REDEVELOPMENT PLAN The State Planning Commission has released the 2010 Draft State Development and Redevelopment Plan (SDRP). The 2010 Draft SDRP places the Redevelopment Area in the PA(1) Metropolitan Planning Area. PA(1)s are supposed to: Provide for much of New Jersey’s future redevelopment, Revitalize cities and towns, Take advantage of increased densities and compact building design, Provide for mixed-use concentrations of residential and commercial activity, Create a wide range of residential housing opportunities and choices with income mix, Promote growth in compact forms, Stabilize older suburbs, Redesign areas of sprawl, Protect the character of existing stable communities and Create cultural centers of state-wide significance.10 Of these ten policies listed above, the 2012 Redevelopment Plan furthers seven: Provide for much of New Jersey’s future redevelopment Revitalize cities and towns Take advantage of increased densities and compact building design Provide for mixed-use concentrations of residential and commercial activity Create a wide range of residential housing opportunities and choices with income mix Promote growth in compact forms Stabilize older suburbs Secondly, the 2012 Redevelopment Plan advances three of the nine 2010 Draft SDRP’s goals: Revitalize the State’s cities and towns. Promote beneficial economic growth. Provide adequate housing at reasonable cost. 11 Finally, the 2012 Redevelopment Plan advances the following policies listed in the 2010 Draft SDRP: 9 Somerset County Master Plan Reexamination, prepared by the Master Plan Committee, dated 1999, pages 42-48. 10 Draft State Development and Redevelopment Plan, Volume 1, dated January 13, 2010, page 31. 11 Ibid, pages 21-22. 2012 Redevelopment Plan | Block 57.02, Lot 1 9 Economic Development – Promote beneficial economic growth to improve New Jersey’s quality of life and standard of living by encouraging economic development through facilitating access to capital, supporting research and development, promoting appropriate education and training, building strategically upon the State’s economic and geographic strengths, and influencing the location of employment activities in proximity to affordable and workforce housing, accessible to multi-modal transportation alternatives with facilities that are planned and constructed in environmentally sound ways, and in accordance with the vision and goals of the State Plan. Housing – Preserve and expand the supply of safe, decent and reasonably priced housing while meeting the constitutional mandate with respect to affordable housing through improved planning, regulatory reform, supportive infrastructure investments, housing subsidies, tax and discounted fee incentives and municipal property tax relief in ways that are consistent with the vision and goals of the State Plan. Urban Revitalization – Revitalize urban centers and first suburbs by devising a regional metropolitan area strategy that concentrates public resources to attract public and private investment to enhance economic development, employment opportunities, housing redevelopment and transportation options to produce neighborhoods of choice and middle class growth in those communities while slowing development on the metropolitan periphery, in ways that are consistent with the vision and goals of the State Plan.12 IV. REDEVELOPMENT PLAN This chapter of the 2012 Redevelopment Plan provides the process and land use requirements for the redevelopment of the Redevelopment Area. GENERAL PROVISIONS RELOCATION No temporary or permanent relocation of residents is contemplated, because there are no occupied residential units currently located in the Redevelopment Area. There are no occupied non-residential uses in the Redevelopment Area; consequently there are no businesses that will need to be relocated. Therefore, no relocation assistance is necessitated by this 2012 Redevelopment Plan. PROPERTIES TO BE ACQUIRED This 2012 Redevelopment Plan does not propose the acquisition of any property through eminent domain. Following its approval, the property may be developed by its current owner or designated redeveloper. In the alternative, a separate commercial redeveloper could be selected; requiring the property to be transferred (sold) to the newly designated redeveloper. 12 Ibid, pages 22-28. 2012 Redevelopment Plan | Block 57.02, Lot 1 10 WAIVERS FROM REDEVELOPMENT PLAN REQUIREMENTS Variation from one or more of the specific development requirements set forth in this 2012 Redevelopment Plan may be necessary in certain circumstances for the effective redevelopment of the Redevelopment Area or to meet state or federal permit requirements. In such an instance, the South Bound Brook Combined Planning/Zoning Board may waive specific bulk, parking or design requirements if specifically authorized to do so by the Mayor and Council, provided the designated redeveloper demonstrates that such waiver is necessary for the feasibility of the project, will not substantially impair the intent of the Redevelopment Plan and will not present any detriment to the public health, safety and welfare. REVIEW PROCEDURES The review procedures for this 2012 Redevelopment Plan are as follows: 1. The Mayor and Council or the Redevelopment Committee, acting as the Redevelopment Entity, shall review all proposed redevelopment projects within the Redevelopment Area governed by this 2012 Redevelopment Plan to ensure that such project(s) is consistent with the 2012 Redevelopment Plan and relevant redeveloper agreements(s). Such review shall occur prior to the submission of the redevelopment project(s) to the Combined Planning/Zoning Board for site plan approval. 2. As part of its review, the Mayor and Council or the Redevelopment Committee shall require any development application in the Redevelopment Area to be submitted, initially, as a planned retail development, in the nature of a preliminary site plan application, for the entire Redevelopment Area. Such application shall include the following components: a. Description of any phasing of the parcel, if necessary. b. On-site and off-tract improvements as needed to support such phases. c. Access. d. Cross-access easement(s). e. Residential landscape buffer. f. Stormwater management features. g. Pedestrian circulation. h. Streetscape elements. i. Solid waste management. j. Dedication of parking on DeKalb Place. k. Draft maintenance agreement for the parking lots, landscaping, stormwater and trash. l. Utility hook-ups and easements. The standards for the aforementioned components can be found on pages 14 to 21 of this document. This submission to the Mayor and Council or the Redevelopment Committee shall be completed prior to the submission of such application(s) to the Combined Planning/Zoning Board. 3. The Mayor and Council or the Redevelopment Committee may call upon the Borough’s professionals as determined necessary to review the planned development submission. If the Redevelopment Committee reviews the planned development submission, it shall make its recommendations to the full Mayor and Council for formal authorization to proceed to the Combined Planning/Zoning Board for development approval. 2012 Redevelopment Plan | Block 57.02, Lot 1 11 4. In undertaking its review, the Mayor and Council or Redevelopment Committee shall determine whether the proposal is consistent with this 2012 Redevelopment Plan and relevant redeveloper agreement(s). In addition, the review may address the site and building design elements of the project to ensure that the project adequately addresses the goals and objectives of this document. 5. Following this determination, all development applications shall be submitted to the Borough of South Bound Brook Combined Planning/Zoning Board through the normal site plan and subdivision procedures as outlined in N.J.S.A. 40:55-1 et.seq. 6. The Combined Planning/Zoning Board shall deem any application for redevelopment for any property subject to this 2012 Redevelopment Plan incomplete if the proposed project is required by this 2012 Redevelopment Plan to be addressed through a redevelopment agreement with a designated redeveloper and the applicant has not been so designated by the Mayor and Council. Additionally, the Combined Planning/Zoning Board shall deem any application for redevelopment for any property subject to this 2012 Redevelopment Plan incomplete if the applicant has not received approval from the Mayor and Council or any committee that it may designate for such purpose, stating that the application is consistent with the 2012 Redevelopment Plan and executed Redevelopment Agreement. 7. The Combined Planning/Zoning Board shall not grant any deviations from the use provisions of this 2012 Redevelopment Plan. Any proposed changes to the 2012 Redevelopment Plan involving specific permitted or conditionally permitted land uses shall be in the form of an amendment to the 2012 Redevelopment Plan adopted by the Mayor and Council in accordance with the procedures set forth in the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et.seq. LAND USE & DEVELOPMENT REQUIREMENTS This 2012 Redevelopment Plan has been created to replace the 2011 Redevelopment Plan and the 2005 Redevelopment Plan for the Redevelopment Area. The reason for a new plan is to provide flexibility. The 2005 Redevelopment Plan required “not less than 28,500 square feet of ‘downtown style’ retail floor area”.13 In April of 2005 final site plan and subdivision approvals were granted for Block 57.02, Lot 1, which included the construction of approximately 23,000 square feet of retail space with 18 residential units above retail. In 2009, Route 517 Development, LLC, who received the 2005 approvals, terminated their agreement to build the project after protracted litigation to acquire the lots formerly known as Block 57, Lots 4.01, 5 and 6.01. Since that time, no other developers have shown an interest to build that amount of retail space. Therefore, the minimum of 28,500 square feet of retail is limiting the Redevelopment Area’s redevelopment potential. Secondly, a new plan is needed to provide options, such as the development of the Redevelopment Area in phases, varied bulk standards and additional permitted principal and conditional uses. For these aforementioned reasons 13 2005 Redevelopment Plan Phase One Refined Sub-plan, adopted January 25, 2005, page 4. 2012 Redevelopment Plan | Block 57.02, Lot 1 12 the 2012 Redevelopment Plan replaces the 2011 and 2005 Redevelopment Plan. The map on the following page shows the Redevelopment Area, which the standards in this chapter are applicable to. DEFINITIONS Awning shall mean a roof-like cover that extends out from an exterior wall and shields a window, doorway, sidewalk or other space below from the elements. Belt course shall mean a continuous row or layer of stones, tile, brick or shingles in a wall. Canopy shall mean an overhead roof or structure that provides shade or other shelter. Coffee shop shall mean an establishment primarily offering coffee, tea and other beverages and where light snacks may also be served. Cornice shall mean a decorative horizontal feature that projects outward near the top of an exterior wall. Cupola shall mean a small dome, particularly a dome atop a roof or small tower. Directional signage shall mean low, freestanding signage that contains directions necessary or convenient for visitors coming on a property, including signs marking entrances and exits and circulation direction. Dormer shall mean a projection from a sloping roof that contains a window and its own roof. Façade shall mean the exterior face of a building, including but not limited to, walls, window sills, doorways and such traditional design elements as horizontal lines, cornice and parapet. Gas station shall mean an establishment used for the retail dispensing or sales of vehicular fuels. Kickplate shall mean a plate used on the bottom of doors and buildings to protect them from shoe marks. Linear business frontage shall mean the frontage measured in feet along a business’ street-facing façade. Lintel shall mean a structural or merely decorative horizontal member spanning a window opening. Live-work dwelling unit shall mean a dwelling unit in which a maximum of fifty (50%) percent of the floor area includes a non-residential use, which is operated by the residential tenant, typically two-stories in nature. The non-residential floor area shall be limited to the first floor only of the live-work unit. Lot frontage shall mean, for the purposes of this Redevelopment Plan, the front of such lot(s) shall be considered Main Street or Patriot’s Path for the portion of the Redevelopment Area behind the existing credit union. As for a corner lot, the front of such corner lot shall be considered Main Street or Patriot’s Path for the portion of the Redevelopment Area behind the existing credit union. Monument sign shall mean a low, freestanding sign that sits directly upon the ground. Muntin shall mean a strip of wood or metal separating and holding panes of glass in a window. 2012 Redevelopment Plan | Block 57.02, Lot 1 13 Parapet shall mean a short vertical extension of a wall that rises above roof level, hiding the roof’s edge and any roof-mounted mechanical equipment. Pilaster shall mean a shallow, flattened, rectangular column or pier attached to a wall. Restaurant shall mean an establishment where food and drink are prepared, served and consumed primarily within the principal building. Signage: Internally lit raised letters with concealed ballast – see picture to right. Back-lit raised letters with concealed ballast – see picture to right. 2012 Redevelopment Plan | Block 57.02, Lot 1 14 Signage board with gooseneck lighting – see picture to right. Individual cut letters with gooseneck lighting – see picture to right. Transom shall mean a horizontal window above another window. USE, BULK & ARCHITECTURAL REQUIREMENTS PURPOSE To provide retail and/or office uses convenient to the Canal Crossing development, complete the streetscape of Main Street and provide for the option of apartments, which would expand the Borough’s housing stock as well as the housing choices and opportunities for the residents of South Bound Brook. Furthermore, the purpose of this 2012 Plan is to provide flexibility and allow for the construction of one or more buildings in the Redevelopment Area and for buildings with multiple uses. 2012 Redevelopment Plan | Block 57.02, Lot 1 15 GENERAL REQUIREMENTS A. Principal Permitted Uses 1. Neighborhood retail uses providing for the sale of goods and services, including but not limited to: i. Convenience food stores, including twenty-four (24) hours a day operations. ii. Pharmacies, including drive-through facilities. iii. Restaurants, excluding drive-through facilities. iv. Coffee shops, excluding drive-through facilities. v. Coffee shops, including drive-through facilities, provided that: (a) The building shall be no greater than 2,500 gross square feet in size, and (b) A Traffic Impact Study shall be submitted with the preliminary site plan submission. vi. Banks, including drive-through facilities. vii. Instructional studios and fitness centers. viii. Retail dry-cleaning services (not providing for the storage of more than five gallons of flammable or toxic cleaning fluid on the premises). ix. Book, newspaper, periodical and stationery stores. x. Copy centers. xi. Parcel package shipping stores or mailing center. xii. Bicycle shops and bicycle rental facilities. xiii. Personal services establishments (e.g. barber or beauty salon and spa and massage services). 2. General and administrative offices as well as professional offices(e.g., physicians, lawyers and architects), which are permitted on both the first and second floor including: i. Commercial offices (e.g., realtors and travel agencies). ii. Governmental offices (e.g., Social Security). iii. Offices incidental to uses permitted in this section. 3. Museums, art galleries and other cultural facilities of a similar nature. 4. Two (2) or more of the aforementioned uses in one building. B. Permitted Conditional Uses 1. Apartments over one or more retail or office uses, which meet the following conditions: i. Up to a maximum of eighteen (18) total apartments. ii. A maximum front yard setback of ten (10) feet. iii. No off-street parking in the front yard setback. 2. Live-work dwelling units, which meet the following conditions: i. Up to a maximum of ten (10) total units. ii. A maximum front yard setback of ten (10) feet. iii. No off-street parking in the front yard setback. 3. Gas stations, including twenty-four (24) hours a day operations, which meet the following conditions: i. All fuel tanks shall be installed underground and shall be located at least fifteen (15) feet from any property line. 2012 Redevelopment Plan | Block 57.02, Lot 1 16 ii. No part of any building used as a gas station and no filling pump or other service appliance, whether for gasoline, oil or any other combustible liquid or material, shall be erected within ten (10) feet of any property line. iii. A Traffic Impact Study shall be conducted to confirm that the use can function adequately in terms of traffic circulation and traffic movement into and out of the site. iv. A Lighting Plan shall be submitted, which provides sufficient and safe illumination, but does not adversely impact adjoining residential uses. v. A Stormwater Drainage Plan shall be submitted that demonstrates compliance with applicable runoff and environmental regulations. C. Prohibited Uses 1. Game rooms and parlors. 2. Used car lots. 3. Junk yards. 4. Auction establishments. 5. Adult book stores. 6. Auto body shops. 7. Warehouses. 8. Storage buildings. 9. Roller skating rinks. 10. Fast food establishments with drive-throughs. D. Permitted Accessory Uses 1. Open space facilities, including, but not limited to walkways, courtyards and plazas. 2. Off-street parking and loading designed in an aesthetically appealing manner in terms of layout and materials. 3. Signs. 4. Street furniture, planters and waste receptacles. 5. Sidewalk cafes associated with permitted restaurants. 6. Fences, which shall complement the architectural style and design of the building(s). It shall be constructed in accordance with a fence design plan approved by the Combined Planning/Zoning Board. 7. Canopies and awnings. 8. Gas station canopies. 2012 Redevelopment Plan | Block 57.02, Lot 1 17 E. Area and Bulk Regulations 1. Area and Bulk Regulations: Area and Bulk Regulations Minimum Lot Size Minimum Lot Frontage - Minimum Side Yard Setback 10' Minimum Rear Yard Setback 25' Maximum Impervious Coverage F. 90' Minimum Front Yard Setback Maximum Building Height 2. 16,000 SF 2 stories/40' 90% If the Redeveloper chooses to construct more than one building on a single parcel, the buildings shall have their primary entrance and façade front on Main Street and shall be separated by a minimum distance of twenty (20) feet from side wall to side wall. Off-Street Parking 1. General Provisions i. All off-street parking areas shall be surfaces with either a bituminous concrete pavement with a minimum five (5) inch bituminous concrete base and a two (2) inch asphalt wearing surface or a six (6) inch reinforced concrete pavement and maintained in good condition, and shall be so graded and drained as to dispose of all surface waters to the satisfaction of the Borough Engineer. ii. All parking spaces within any parking area shall be clearly marked and maintained to show the parking arrangement within said parking area. iii. All parking spaces shall measure no less than nine (9) feet in width by eighteen (18) feet in length. iv. All lighting for off-street parking areas shall be so arranged and shielded as to reflect the light downward and prevent any light from shining directly on adjoining streets, residential zones and residential buildings. v. Parking lot lighting shall provide a maintained average of 0.5 footcandles. vi. The number, location, size and marking of spaces shall conform to the design requirements required for such spaces by the State of New Jersey [barrier-free design (N.J.S.A. 52:32-12)] and the Americans with Disabilities Act of 1990. 2. Parking Ratios i. On-street parking abutting the Main Street frontage can be included as meeting part of the required parking ratio. ii. The following non-residential off-street parking requirements shall be followed: (a) Medical and dental office uses shall provide one (1) space per one hundred forty-two (142) square feet of gross floor area. (b) Office uses other than medical and dental shall provide one (1) space per two hundred fifty (250) square feet of gross floor area. 2012 Redevelopment Plan | Block 57.02, Lot 1 18 3. 4. 5. 6. (c) Personal service uses shall provide one (1) space per two hundred (200) square feet of gross floor area. (d) Retail uses shall provide one (1) space per three hundred fifty (350) square feet of gross floor area. (e) Restaurants/coffee shops shall provide one (1) space per three (3) seats and one (1) space per two (2) employees. (f) Museums/art galleries/cultural facilities shall provide one (1) space per forty (40) square feet available for patron use. iii. Off-street parking for apartments and the residential units associated with live-work units shall follow RSIS standards. Access i. Cross-access easements for adjacent lots (i.e. Credit Union) and any subdivision of the Redevelopment Area shall be required. ii. Interconnected parking lots shall be required in the Redevelopment Area to facilitate circulation. iii. No driveway access shall be permitted to DeKalb Place. Interior Parking Lot Landscaping i. One (1) shade tree with foliage no lower than a height of seven (7) feet shall be provided for every twenty (20) parking spaces. ii. Each shade tree shall be planted in an area with a minimum of one hundred twenty-five (125) square feet. Residential Buffer i. Where off-street parking areas are visible from the existing residential homes along DeKalb Place, they shall be screened by a minimum fifteen (15) foot wide landscaped buffer, which shall be composed of seventy-five (75%) percent evergreens. This landscaped buffer shall include a mixture of shade trees, evergreens, ornamental trees and understory shrubs planted in a staggered fashion. At the time of installation, shade trees shall be a minimum three (3) inch caliper, evergreens shall be a minimum eight (8) feet in height, ornamental trees shall be a minimum of ten (10) feet in height and understory shrubs shall be a minimum of thirty-six (36) inches in height. ii. Where off-street parking areas are visible from the existing residential homes along Washington Street, they shall be effectively screened by a fence, wall or hedge at least five (5) feet in height. Additional Parking i. The redeveloper(s) shall dedicate a portion of the Redevelopment Area to the Borough of South Bound Brook, which could subsequently be developed with at least fourteen (14) parking spaces available to the general public. G. Loading Areas 1. Each required loading berth shall be at least twelve (12) feet wide. 2. No off-street loading berth shall be located in any front or side yard. 3. All loading berths shall have unobstructed access that is at least ten (10) feet wide to and from a street. Such access may be combined with access to a parking lot. 4. All required loading berths shall be on the same lot as the use(s) to which they are accessory. 5. Schedule of off-street loading areas: 2012 Redevelopment Plan | Block 57.02, Lot 1 19 i. For retail stores, financial institutions, restaurants or general services: (a) One (1) loading berth shall be provided for buildings with less than ten thousand (10,000) square feet of gross floor area. (b) Two (2) loading berths shall be provided for buildings with ten thousand (10,000) or more gross square feet of floor area. ii. For offices: (a) One (1) loading berth shall be provided for buildings with up to fifty thousand (50,000) square feet of gross floor area. H. Pedestrian Accessibility 1. Sidewalks shall be provided to connect all new development with existing development along Main Street and Washington Street. A sidewalk shall also be provided along one side of the access road that loops around the side and rear of the Credit Union. 2. The existing sidewalk connection to the west of the intersection of DeKalb Place and Tory Jack Terrace shall be maintained and extended through the required fifteen (15) foot landscaped buffer 3. All sidewalks shall be a minimum of five (5) feet wide and shall be durably paved and smoothly surfaced to provide for the free movement of pedestrians. 4. All sidewalks must be designed to provide access for the physically disabled. Access ramps shall be conveniently placed and sloped to provide easy connection to streets and sidewalks, in conformance with the Americans with Disabilities Act. I. Streetscape Elements 1. Street Lights i. Street lights shall be installed along Washington Street. ii. Street lights shall match the existing blue fixtures located along Main Street. iii. Street lights shall be installed according to the specifications established by the Borough Engineer. 2. Street Trees i. Street trees shall be installed along Washington Street in tree pits located between the curb and the sidewalk. ii. Street trees shall be installed along Main Street in existing empty tree pits. iii. Tree pits shall have a minimum surface area that is four (4) feet wide and eight (8) feet long. iv. Tree pits shall be excavated to the root ball. v. Tree pits shall contain structural soil to support the tree trunk and roots. vi. Tree pits shall be covered with ground cover, mulch or permeable pavers. vii. Street trees shall be a minimum three (3) inch caliper when planted. J. Trash 1. 2. 3. Trash receptacles shall be located in the rear yard and shall be enclosed with a solid masonry enclosure. No trash receptacle shall be visible from any public street. Such facilities shall be designed so that they fit within an overall project design. Provisions for the collection, disposition and recycling of recyclable materials shall be subject to any other applicable ordinances of the Borough of South Bound Brook. 2012 Redevelopment Plan | Block 57.02, Lot 1 20 K. Stormwater 1. All applications for development shall conform to the stormwater regulations contained in the Borough of South Bound Brook’s code. Existing stormwater management facilities already installed on the site as part of the Canal Crossing residential project shall be recognized as part of the enhanced stormwater conveyance and treatment measures in place. L. Signage 1. The following standards shall apply to all signs in the Redevelopment Area. No sign type other than those identified below shall be permitted. i. Wall signage. (a) One wall sign shall be permitted per business per public street frontage. (b) The following types of wall signs shall be permitted: Internally lit raised letters with concealed ballast. Back-lit raised letters with concealed ballast. Signage board with gooseneck lighting. Individual cut letters with gooseneck lighting. (c) The maximum sign area shall be a maximum of thirty (30) square feet on facades less than one hundred (100) feet from a public street or a maximum area of one hundred and ten (110) square feet on facades greater than one hundred (100) feet from a public street. (d) The letter height shall be a maximum of eighteen (18) inches on facades less than one hundred (100) feet from a public street or thirty-six (36) inches on facades greater than one hundred (100) feet from a public street. (e) Letters shall project a maximum of ten (10) inches. (f) Wall signs shall not be permitted above the roofline. ii. Street address signage. (a) Street address signage shall be provided on each building or for each individual tenant. (b) Street address numbers shall have a maximum height of eight (8) inches. iii. Awnings. (a) One sign with lettering per business shall be permitted on an awning and logos shall be permitted on all awnings, provided that: The letter and logo height does not exceed fifty (50%) percent of the diagonal portion of the awning. The letter and logo located on the vertical flap does not exceed eight (8) inches in height. The signage shall only be on first-floor awnings. (b) Awnings shall be aesthetically compatible with the building and consistent with each other. (c) Awning shall be kept in good order and repair. (d) All awnings shall be made of canvas, cloth or durable architectural standing seam metal. 2012 Redevelopment Plan | Block 57.02, Lot 1 21 iv. Monument signage. (a) One monument sign shall be permitted per parcel in the Redevelopment Area where the building is set back more than one hundred (100) feet from Main Street. (b) Monument signs shall only be installed along Main Street. (c) The maximum sign area shall be fifty-six (56) square feet, excluding the base. (d) The maximum sign height shall be ten (10) feet, which shall include the base. (e) The base of the monument sign shall be constructed of materials that are consistent with the building architecture and shall be landscaped with plantings. (f) Monument signage may be internally or externally illuminated. (g) Monument signage shall be permitted to have non-flashing LED numerals. v. Directional signage. (a) Directional signage shall be permitted at driveways that abut public streets. (b) The maximum sign area shall be three (3) square feet. (c) The maximum sign height shall be three (3) feet. (d) Directional signage may be internally illuminated. vi. Gas station canopy signage. (a) Gas station canopies shall be permitted a maximum of three signs. (b) The maximum sign area shall be thirty (30) square feet for each sign. (c) The letter height shall be a maximum of twenty-four (24”) inches. (d) Gas station canopy signage may be internally illuminated. ARCHITECTURAL DESIGN STANDARDS A. Purpose 1. The purpose of the architecture design standards is to establish a set of principles and requirements to guide future redevelopment. These principles will enhance the Main Street corridor and encourage redevelopment at a scale that is pedestrian-oriented. The guidelines work to provide standards that allow for flexibility and creativity while encouraging high-quality development. High-quality development is long-lasting and will increase property values. The goal is to create buildings that are attractive, improve the Borough’s image and enliven the streetscape. B. Massing 1. Building wall offsets, including both projections and recesses, shall be provided along any streetfacing building wall measuring greater than fifty (50) feet in length in order to provide architectural interest and variety to the massing of a building and relieve the negative visual effect of a single, long wall. 2. The maximum spacing between such vertical offsets shall be thirty-three (33) feet. The minimum projection or depth of any individual vertical offset shall not be less than six (6) inches. 3. Vertical offsets can include pilasters, projecting bays, changes in façade materials and balconies. C. Articulation 1. All street-facing building walls shall have a clearly defined base, body and cap. 2. The base of the building shall align with either the kickplate or sill level of the first story. 2012 Redevelopment Plan | Block 57.02, Lot 1 22 3. 4. D. Roof 1. 2. 3. 4. 5. The body section of a building may be horizontally divided at floor, lintel or sill levels with belt courses. The architectural treatment of a façade shall be completely continued around all street facing façades of a building. All sides of a building shall be architecturally designed so as to be consistent with regard to style, materials, colors and details. The shape, pitch and color of a roof shall be architecturally compatible with the style, materials and colors of such building. If the building has a flat roof, a parapet shall project vertically to hide any roof-mounted mechanical equipment. Additionally, a cornice shall project out horizontally from the façade and shall be ornamented with moldings, brackets or other details. Pitched roofs are encouraged to have dormers, chimneys, cupolas and other similar elements to provide architectural interest. These elements shall be compatible with the style, materials, colors and details of the building. Roofline offsets shall be provided along any gable roof measuring more than forty (40) feet in length in order to provide architectural interest and articulation to a building. Roof top heating, ventilating and air-conditioning (HVAC) systems, exhaust pipes and stacks, satellite dishes and other telecommunications receiving devices shall be screened or otherwise specially treated to be inconspicuous as viewed from the street and adjacent properties. E. Transparency 1. Ground floor uses in the Redevelopment Area shall have large pane display windows and/or spandrel glass on the Main Street frontage. Such windows and/or spandrel glass shall be framed by the surrounding wall and shall be a minimum of sixty (60%) percent of the total ground level facade area. However, spandrel glass shall not compose more than ten (10%) percent of the transparency requirement. A building’s “ground level façade area” is the area bounded by the side edges of the building and the plane coincident with the internal floor of the building and the internal ceiling of the building. 2. Transoms above display windows in the Redevelopment Area are encouraged. 3. Windowsills shall not be more than three (3) feet above the sidewalk in the Redevelopment Area. Base panels or bulkheads are encouraged between the sidewalk and the windowsills. 4. Windows shall be vertically proportioned (taller than wider) where possible. 5. Buildings of architectural styles that normally have windows with muntins (vertical dividers) or divided lights shall utilize those types of windows. 6. Glass blocks are not permitted on façades that abut a public street. 7. Exterior security grates are prohibited. F. Entrances 1. All entrances to a building shall be defined and articulated by utilizing such elements as lintels, pediments, pilasters, columns, porticos, porches, overhangs, railings, balustrades and other such elements, where appropriate. 2012 Redevelopment Plan | Block 57.02, Lot 1 23 G. Materials 1. Building façades visible from a public street shall consist of durable, long-lasting materials. 2. Appropriate materials include brick, stone, cast stone, clapboard, cedar shakes or other highquality material. V. RELATIONSHIP TO ZONING ORDINANCE SUPERSEDING PROVISIONS EFFECT OF PLAN The 2012 Redevelopment Plan shall supersede the applicable provisions of the Borough of South Bound Brook’s Zoning and Land Development Ordinance, as is specifically provided in the development standards section of this document. The document also incorporates design guidelines, which shall not change regardless of subsequent amendments, revision, additions or deletions to the Borough of South Bound Brook’s Zoning and Land Development Ordinance. TERMS & DEFINITIONS Any terms or definitions not addressed within this 2012 Redevelopment Plan shall rely on the applicable terms and conditions set forth in the Land Development Ordinance of the Borough of South Bound Brook. OTHER APPLICABLE DESIGN Any design or performance standards not addressed within this 2012 Redevelopment Plan shall rely on the applicable design and performance standards set for in the Land Development Ordinance of the Borough of South Bound Brook. CONFLICT Any word, phrase, clause, section or provision of this plan, found by a court or other jurisdiction to be invalid, illegal or unconstitutional, such word, phrase, section or provision shall be deemed severable and the remainder of the 2012 Redevelopment Plan shall remain in full force and effect. ZONING MAP REVISION The Official Zoning Map of the Borough of South Bound Brook is hereby amended to designate Block 57.02, Lot 1 as the “Main and Washington Street Redevelopment Plan District”. 2012 Redevelopment Plan | Block 57.02, Lot 1 24 VI. TAX ABATEMENT (PILOT) PROGRAM It should be noted that Block 57.02, Lot 1 is eligible for tax abatement because it has been declared an Area in Need of Redevelopment. It is the Borough’s option to consider a Payment In Lieu of Taxes (PILOT) for the Redevelopment Area. The exact terms of a PILOT would have to be worked out between the redeveloper(s) and the Mayor and Council. VII. AMENDMENTS TO & DURATION OF THE REDEVELOPMENT PLAN AMENDMENTS TO THE REDEVELOPMENT PLAN This plan may be amended from time to time in accordance with the procedures of the Local Redevelopment and Housing Law. To the extent that any such amendment materially affects the terms and conditions of a duly executed redevelopment agreement between one or more redevelopers and the Borough of South Bound Brook, the provisions of the redevelopment plan amendment will be contingent upon the amendment of the redeveloper agreement to provide for the plan amendment. CERTIFICATES OF COMPLETION & COMPLIANCE Upon the inspection and verification by the Mayor and Council that the redevelopment of a parcel subject to a redeveloper agreement has been completed, a Certificate of Completion and Compliance will be issued to the redeveloper and such parcel will be deemed no longer in need of redevelopment. This 2012 Redevelopment Plan will remain in effect until Certificates of Completion have been issued for the designated Area In Need of Redevelopment, or until the 2012 Redevelopment Plan is deemed no longer necessary for the public interest and repealed by Ordinance of the Mayor and Council. SEVERABILITY The provisions of this 2012 Redevelopment Plan are subject to approval by Ordinance. If a Court of competent jurisdiction finds any word, phrase, clause, section or provision of this 2012 Redevelopment Plan to be invalid, illegal or unconstitutional, the word, phrase, clause, section or provision shall be deemed severable, and the remainder of the 2012 Redevelopment Plan and implementing Ordinance shall remain in full force and effect. SELECTION OF REDEVELOPER(S) In order to assure that the vision of this 2012 Redevelopment Plan will be successfully implemented in an effective and timely way in order to promptly achieve the public purpose goals of the Plan, the Mayor and Council or the 2012 Redevelopment Plan | Block 57.02, Lot 1 25 Redevelopment Committee, acting as the Redevelopment Entity, will designate the redeveloper(s) for any redevelopment project in the area governed by this Redevelopment Plan. All redeveloper(s) will be required to execute a redevelopment agreement satisfactory to the Mayor and Council or the Redevelopment Committee as one of the requirements to be designated as the redeveloper(s). However, since a redevelopment agreement is already in place with the redeveloper of the Canal Crossing residential development, the Borough should cooperate with this redeveloper to assist in the selection of a different commercial redeveloper if the development is not advanced by the current redeveloper. Should a new redeveloper be needed to construct the project, it is anticipated that the implementation of this Redevelopment Plan may utilize a process for the competitive selection of one or more redeveloper(s). The intent of this section of the Plan is to set forth the procedural standards to guide redeveloper selection. The Mayor and Council or the Redevelopment Committee, acting as the Redevelopment Entity may, at any time, proactively solicit potential redevelopers by utilizing appropriate methods of advertisement and other forms of communication, or may, in its discretion, entertain an unsolicited proposal from a prospective redeveloper(s). The selection of a redeveloper may be based on a competitive selection process. Under a competitive selection process, which may be undertaken from time to time in the discretion of the Mayor and Council or the Redevelopment Committee, an applicant for selection as a redeveloper will be required to submit materials to the Mayor and Council or the Redevelopment Committee that specify their qualifications, financial resources, experience and design approach to the property in question. The competitive selection process will likely include the submission of some or all of the following materials (additional submission materials may be requested by the Mayor and Council or the Redevelopment Committee as deemed appropriate to the lands in question): Conceptual plans and elevations sufficient in scope to demonstrate that the design approach, architectural concepts, number and type of development, parking, traffic circulation, landscaping and other elements are consistent with the objectives and standards of this 2012 Redevelopment Plan. Anticipated construction schedule, including estimated pre-construction time period to secure permits and approvals. Documentation evidencing the financial responsibility and capability with respect to carrying out the proposed redevelopment including but not limited to: type of company or partnership, disclosure of ownership interest, list of comparable projects successfully completed, list of references with name, address and phone information, list of any general or limited partners, and financial profile of the redeveloper entity. The following provisions regarding redevelopment are hereby included in connection with the implementation of this Redevelopment Plan and the selection of a redeveloper(s) for any property included in the Redevelopment Area and shall apply notwithstanding the provisions of any zoning or building ordinance or other regulations to the contrary: 1. 2. 3. The redeveloper will be obligated to carry out the specified improvements in accordance with the Redevelopment Plan. The redeveloper, its successor or assigns shall develop the property in accordance with the uses and building requirements specified in this 2012 Redevelopment Plan. Until the required improvements are completed and a Certificate of Completion is issued by the Redevelopment Entity, the redeveloper covenants provided for in N.J.S.A. 40A:12A-9 and imposed in any redeveloper agreement, lease, deed or other instrument shall remain in full force and effect. 2012 Redevelopment Plan | Block 57.02, Lot 1 26 4. 5. 6. 7. The redevelopment agreement(s) shall contain provisions to assure the timely construction of the redevelopment project, the qualifications, financial capability and financial guarantees of the redeveloper(s) and any other provisions to assure the successful completion of the project. The designated redeveloper(s) shall be responsible for any installation or upgrade of infrastructure related to their project whether on-site or off-site. Infrastructure items include, but are not limited to gas, electric, water, sanitary and storm sewers, telecommunications, , streets, curbs, sidewalks, street lighting and street trees or other improvements. The extent of the designated redeveloper’s responsibility will be outlined in the redeveloper’s agreements with the Borough. All utilities shall be placed underground. All infrastructure improvements shall comply with applicable local, state and federal law and regulations, including the Americans with Disabilities Act and the Prevailing Wage Law, where applicable. In addition to the provision of the infrastructure items set forth herein, the executed Redevelopment Agreement may provide that the redeveloper(s) will agree to provide fees as permitted under the Municipal Land Use Law. \\Njncad\projects\SBP\SBP-027\Reports\2012\080912daj_2012_Redevelopment_Plan.docx 2012 Redevelopment Plan | Block 57.02, Lot 1 27