Vernon Township

TABLE OF CONTENTS

1. Introduction 3

2. The Properties under Study (Investigation) 5

3. The Statutory Criteria and the Parameters of the Study 7

4. The Ringwood Avenue Redevelopment Area and Properties 10

5. Specific Criteria Analysis: Growing lack of Proper

Utilization, Criteria e 14

6. The Wanaque Master Plan 20

7. Specific Criteria: h 22

8. Final Recommendations 25

Attachment 1 Photographs of Properties

Attachment 2 Maps

1-Introduction

The Borough of Wanaque is conducting a preliminary investigation to determine if certain properties located along Ringwood Avenue located primarily in the Midvale section of the Borough and the US Aluminum factory, located along Fourth Avenue, qualify as an area in need of redevelopment. The properties in the Midvale section of Wanaque are located to the north of Cross Street on the west side of Ringwood Avenue and include certain properties in the vicinity of Furnace Avenue and Rhinesmith Avenue. The properties in the Haskell section of Wanaque include properties along the east side of Ringwood Avenue, between Second Avenue and Third Avenue, as well as the closed US Aluminum factory and adjacent vacant parcel located along Fourth Avenue at Boulevard East. The purpose of this preliminary investigation is to determine if the properties qualify as an area in need of redevelopment as defined by the State of New Jersey Local Redevelopment and Housing Law (LRHL), NJSA 40A:12A-1 et seq. This Redevelopment Study Area will be referred to commonly known as the Ringwood Avenue Redevelopment Study Area 2008, so as to distinguish it from the 2007 Ringwood Avenue (South of Doty Road) Redevelopment Study Area.

The Borough of Wanaque, Passaic County, New Jersey, has a population of approximately 10,400 in its 8 square miles. It lies directly to the north of Interstate 287 and several miles east of State Highway 23. The Borough is a suburban community in an urban county. The Borough has a large reservoir and a good portion of the land area is covered by the State of New Jersey Highlands Protection area, which generally prohibits development in environmentally sensitive areas of the State. The Midvale area under study is subject to the Highlands standards, commonly referred to as the Highlands core area, although it is located in a developed area in a PA-1/PA-2, State of New Jersey designated area-the preferred location for development and redevelopment in New Jersey.

On July 14, 2008 the Borough Council of the Borough of Wanaque adopted Resolution #11-0-06 authorizing and directing the Wanaque Planning Board to undertake a preliminary investigation to determine whether the properties in the proposed redevelopment area qualify under the criteria of NJSA 40A:12A-5 as an area in need of redevelopment. The Council identified the twenty five (25) properties included in this Report to be investigated as a potential area in need of redevelopment.

Additional properties included in the aforesaid Council Resolution, located in the Union Avenue and Union Court area will be included in a separate study, as well as additional properties located along Second Avenue and Fourth Avenue identified in the Council resolution.

This Redevelopment Investigation Report has been prepared and is written to assist the Wanaque Planning Board in meeting its obligations of Section 6 of the Local Redevelopment and Housing Law, NJSA 40A:12A-6a, which requires, in part, the following:

“No area of a municipality shall be determined a redevelopment area unless the governing body of the municipality shall, by resolution, authorize the Planning Board to undertake a preliminary investigation to determine whether the proposed area is a redevelopment area according to the criteria set forth in Section 5 of P.L. 1992. C.79 (C.40A:12A-5)…. The governing body of a municipality shall assign the conduct of the investigation and hearing to the Planning Board of a municipality.”

Over the past several months evidence has been gathered as to the condition of the potential redevelopment area through several site visits to the properties including on August 18 and September 15, 2008, taking photographs of the exteriors of the properties, reviewing tax assessment and property maintenance records and informally speaking to property owners. We have also researched the zoning ordinance of the Borough of Wanaque and the Wanaque Town Center Plan and State of New Jersey endorsement of the Town Center Plan.

Photographs of the properties included in the redevelopment study area will be provided to the Planning Board at their hearing. These photographs are part of the body of evidence presented in our study to support the opinion that certain of the parcels are in need of redevelopment.

The July 2008 Council Resolution divided the Redevelopment Study Area into four parts: Midvale, Haskell Second Avenue-Fourth Avenue, and Union Avenue and Union Court (again, the Union Avenue and Court areas are not included in this Report). So as to make this study more understandable and differentiate between the areas under study we have further divided the study into five (5) areas. The following table describes the scope of these five (5) areas:

#1-Proposed, Potential Redevelopment Area-Midvale-1. This area has seven (7) properties under study. It includes as its’ centerpiece the former public school at Block 231, Lot 11. The property owner has sought a variance for a residential project which may be more appropriate at the municipally owned property at Block 232. (4.2 acres (+/-) in total area.)

#2-Proposed, Potential Redevelopment Area-Midvale-2. This area has five (5) properties under study. It includes as its’ centerpiece the municipally owned properties at Block 232, Lots 6 and 8. The municipal facility is deteriorating, see the July 199 report prepared by Tri-State Architects outlining its’ deteriorating conditions. A larger parcel of property is required for new municipal facilities, such as may be available at Block 231 in project area #1 above. (Two (+) acres.)

#3-Proposed, Potential Redevelopment Area-Midvale-3. This area has three (3) properties under study. It includes a vacant corner lot on the corner of Ringwood Avenue and Stephens Avenue. (1.2 acres.)

#4-Proposed, Potential Redevelopment Area-US Aluminum Site. This area has two (2) properties under study. It includes a closed factory. According to the Borough’s Administration the goal of redeveloping this property is to eradicate an environmentally challenged site and potential blighting influence on the Town Center. (5.5 acres.)

#5-Proposed, Potential Redevelopment Area-Haskell 2008. This area has five properties, including merged lots 13 and 14 in Block 435. According to the Borough’s Administration the goal of redeveloping this area is to qualify for financing, such as federal and state grants to improve the property conditions. (.75 acres.)

The Ringwood Avenue Redevelopment Study Area 2008 encompasses approximately 13.5 acres (+/-).

2-The Properties under Study (Investigation)

The specific properties being studied in this Report, pursuant to the aforementioned Borough Council Resolution follows:

Chart 1

The Borough of Wanaque

Identification of Properties under Investigation by the

Wanaque Planning Board

#1-Proposed, Potential Redevelopment Area-Midvale-1

Property ID (Block/Lot)	Address	Owner	Approximate Lot Size (Acres/Square Feet)
231 Lot 11	547 Ringwood Avenue	Realty Associates Redevelopment	1.1 Acres
231 Lot 5	29 Furnace Avenue	Post, Harry (In estate of William Post)	1.6 Acres
231 Lot 5.01	527 Ringwood Avenue	King, Brendan and Nancy	8,500
231 Lot 7	527 Ringwood Avenue	King, B & A	13,000
231 Lot 8	533 Ringwood Avenue	King Enterprises	10,000
231 Lot 9	539 Ringwood Avenue	McCartney & Jordan	23,000
231 Lot 10	541 Ringwood Avenue	Wiley and Struble	13,000

#2-Proposed, Potential Redevelopment Area-Midvale-2

Property ID (Block/Lot)	Address	Owner	Approximate Lot Size (Acres/Square Feet)
232 Lots 6 and 8	579 Ringwood Avenue	Borough of Wanaque	1.2 Acres
232 Lot 9*	13 Rhinesmith Avenue	Birkenbush, Alan & Sharon	6,000
232 Lot 10*	581 Ringwood Avenue	Amar, Alan & Myrna	6,500
232 Lot 11	585 Ringwood Avenue	Maiello, Grace	7,500
232 Lot 13*	10 Cross Street	Smerklo, Robert & Theresa	6,500
232 Lot 14	587 Ringwood Avenue	587 Ringwood Avenue Assoc	6,500

#3-Proposed, Potential Redevelopment Area-Midvale-3

Property ID (Block/Lot)	Address	Owner	Approximate Lot Size (Square Feet)
220 Lot 3*	7 Stephens Avenue	Rancier Mayerling	10,000
220 Lot 4	511 Ringwood Avenue	Katz, Stuart	13,500
220 Lot 11	519 Ringwood Avenue	KBM Management	27,500

#4-Proposed, Potential Redevelopment Area-US Aluminum

Property ID (Block/Lot)

Address

Owner

Approximate

Lot Size (Acres/Square Feet)

435 Lot 5

86 Fourth Avenue

US Aluminum Inc

5 Acres

435 Lot 5.01

Fourth Avenue, East

Rita Futterman

24,000

#5-Proposed, Potential Redevelopment Area-Haskell 2008

Property ID (Block/Lot)	Address	Owner	Approximate Lot Size (Acres/Square Feet)
435 Lot 13 and 14* (merged lots)	3 Third Avenue	Biggio, George & Jeanette	2,575
435 Lot 14.01	1066 Ringwood Avenue	Duhame, Richard & Ann	3,500
435 Lot 15	1068 Ringwood Avenue	Kressaty, Fred	5,040
435 Lot 16	1076 Ringwood Avenue	Gentile, Edward & Regolizi	8,200
435 Lot 17	1084 Ringwood Avenue	Aeran Park (Per property deed in Tax Assessor’s office)	5,400

In some development or redevelopment scenarios the important location of the property may be sufficient to warrant the property’s inclusion in the area in need of redevelopment; although the property by itself may not be detrimental to the public, see NJSA 40A12A-3. However, we believe more substantial evidence is needed to find that four residential properties in the study area satisfy the statutory criteria. Accordingly, we find, and it is our opinion, that the five properties marked with an asterisk in the above Chart do not qualify to be included in an area in need of redevelopment, without the specific consent of the property owner.

Based on the foregoing analysis while twenty five properties (25) are being studied in this Report, only twenty (20) may be designated as an area in need of redevelopment by the Borough of Wanaque. The remaining five (5) properties may only be designated with the property owner’s consent.

3-The Statutory Criteria and the Parameters of the Study

Section 5 of the LRHL, NJSA 40A:12A-5 specifies that an area may be determined to be in need of redevelopment if, after investigation, notice, and hearing as provided in Section 6 of NJSA 40A:12A, the area satisfies one or more of the following statutory criteria:

a. The generality of buildings are substandard, unsafe, unsanitary, dilapidated or obsolescent, or possess any of such characteristics or are so lacking in light, air or space, as to be conducive to unwholesome living or working conditions.

b. The discontinuance of the use of buildings previously used for commercial, manufacturing or industrial purposes; the abandonment of such buildings or the same being allowed to fall into so great a state of disrepair as to be untenantable.

c. Land that is owned by the municipality, the County, a local housing authority, redevelopment agency or redevelopment entity, or unimproved vacant land that has remained so for a period of ten years prior to the adoption of the resolution, and that by reason of its location, remoteness, lack of means of access to developed sections or portions of such municipality, topography or nature of the soil, is not likely to be developed through the instrumentality of private capital.

d. Areas with buildings or improvements which, by reason of dilapidation, obsolescence, overcrowding, faulty arrangement or design, lack of ventilation, light and sanitary facilities, excessive land coverage, deleterious land use or obsolete layout, or any combination of these or other factors, are detrimental to the safety, health, morals or welfare of the community.

e. A growing lack or total lack of proper utilization of areas caused by the condition of the title, diverse ownership of real property therein or other conditions, resulting in a stagnant and a not fully productive condition of land potentially useful and valuable for contributing to and serving the public health, safety and welfare.

f. Areas, in excess of five contiguous acres, whereon buildings or improvements have been destroyed, consumed by fire, demolished or altered by 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.

g. In any municipality in which an enterprise zone has been designated pursuant to the “New Jersey Urban Enterprise Zones Act,” P.L.1983, c.303 (C.52:27H-60 et seq.) the execution of the actions prescribed in that act for the adoption by the municipality and approval by the New Jersey Urban Enterprise Zone Authority of the zone development plan for the area of the enterprise zone shall be considered sufficient for the determination that the area is in need of redevelopment pursuant to Sections 5 and 6 of P.L.1992, c.79 (C.40A:12A-5 and 40A:12A-6) for the purpose of granting tax exemptions within the enterprise zone district pursuant to the provisions of P.L.1991, c.431 (C.40A:20-1 et seq.) or the adoption of a tax abatement and exemption ordinance pursuant to the provisions of P.L.1991.

h. The designation of the delineated area is consistent with smart growth planning principles adopted pursuant to law or regulation.

Furthermore, the LRHL permits the inclusion of parcels that do not meet the statutory criteria if they are necessary for effective redevelopment of the proposed redevelopment area:

“A redevelopment area may include land, buildings or improvements which of themselves are not detrimental to the public health, safety or welfare, but the inclusion of which is found necessary with or without change in their condition, for the effective redevelopment of the area of which they are a part.” (NJSA 40A:12A-3.)

This report focuses on the substantial evidence supporting the determination that the area under study, twenty five (25) properties with the noted five exceptions, are in need of redevelopment. This Report does not present a Redevelopment Plan for this area. A specific Redevelopment Plan may be prepared and subsequently adopted by the Borough Council pursuant to the procedures established within the LRHL and after considering community input. As an example of a successful Redevelopment Plan we point to the Ringwood Avenue I mixed use plan, also known as the Haskell Town Center. This project lies at the intersection of Ringwood Avenue and Doty Road.

The findings and opinions expressed by the authors of this Report, Benecke Economics, Robert L. Benecke and Henry Coleman, PhD as well as Fred Suljic, P.P., regarding the area in need of redevelopment are being provided to the Wanaque Planning Board for their exclusive use and review. The Borough Council may also consider this Report as part of their deliberations and potential determination that the properties qualify (meet the statutory criteria) as an area in need of redevelopment, pursuant to the provisions of NJSA 40A12A-5. The opinions of Mr. Suljic are provided pursuant to the regulations governing professional planning in the State of New Jersey NJSA 45:14-1 et seq. The Wanaque Planning Board may or may not rely on these findings and opinions; keeping in mind that the determination of whether these properties do qualify as an area in need of redevelopment is the sole responsibility of the governmental entity after considering all of the evidence and opinions; including those opinions of the property owners and the public.

4-The Ringwood Avenue Redevelopment Area and Properties

The area under study and investigation in this Report is strategically located along Ringwood Avenue, with the exception of the US Aluminum factory which is located on Fourth Avenue, directly east of Ringwood Avenue and the Wanaque (Haskell) Town Center. The State of New Jersey designated and endorsed the Wanaque Town Center (Haskell) on February 25, 1998. Plan endorsement by the State of New Jersey Planning Commission is accomplished through a rigorous process pursuant to the State Planning Act, NJSA 52:18A-196 et seq. The State of New Jersey Office of Smart Growth administers the Town Center program.

Seven (7) of the properties under study are located in the Haskell Town Center. Eighteen (18) of the properties are located in the Midvale section of the Borough of Wanaque-a center in and of itself.

Although not a formally designated Town Center the possibility of creating such a center in Midvale was referred to in Wanaque’s October 2002 Town Center Report. Accordingly, the study area is part of the area of the Borough of Wanaque generally recognized as the “center of town”.

The recently completed Redevelopment Project located on the north side of Doty Road includes nine (9) previous parcels of property combined into one successful redevelopment project. This project is an example of the type of turn around properties can experience in a pro active redevelopment environment, such as the Borough Administration is attempting to achieve in the potential proposed area under study.

It is a successful mixed use (retail-office) Redevelopment Project redeveloped pursuant Borough of Wanaque Ordinance #2-06, as amended by Ordinance #19-06, establishing a Redevelopment Plan, including a Service Business District (SBD) zone for the area. In this Redevelopment Plan, for Ringwood Avenue Redevelopment Area I, the Borough Council stated in part:

“in furtherance of the continuing efforts to enhance and revitalize the Borough of Wanaque and to stimulate the proper growth of jobs, retail, and other economic opportunities in Wanaque the Borough Council finds that it would promote the public health, safety, morals, and welfare to redevelop the premises along Ringwood Avenue”.

The properties studied in this Report are also generally situated along the Ringwood Avenue corridor.

Ringwood Avenue is heavily traveled County road with traffic counts as high as 20,000 cars daily, according to the Borough Administration. In the year 2006 the Borough and County of Passaic completed a major streetscape and infrastructure improvement project. This project included an investment of $5.0 million in infrastructure improvements, including a $1.0 million upgrade to the water system. This project also included road, sidewalk, curb and lighting installation and improvements along Ringwood Avenue.

We have researched, in detail, the condition of each property identified by the Borough Council to be potentially included in the Ringwood Avenue Redevelopment Study Area 2008. This chart, the photographs to be presented to the Planning Board, the tax assessment property record cards, certain property maintenance violations, New Jersey DEP violations, together with other substantial evidence provided in this Report indicates how each of these properties meets the aforementioned statutory criteria used to determine whether the properties qualify as an area in

need of redevelopment. All of these documents and other evidence have been reviewed by the authors of this Report. In addition, this Report includes a discussion and analysis supporting the designation of each of the properties in the area under criterion e, lack of proper utilization, and criterion h, that being that such a designation is consistent with smart growth principles.

As part of our research we took note of the Borough of Wanaque Town Center Report, dated March 2000 and updated in October 2002. This Report, prepared by the Borough, notes:

“The main focus of the Town Center is the Haskell Business District. This five block area consists of a mixture of residential and commercial properties. While some are very well kept, the majority have a run down appearance, and the storefronts have a high vacancy and turn over rate.”

These conditions are the same as those found in our review of the area, including Midvale.

The chart depicted below indicates that each of the twenty five (25) properties located in the study area have conditions that are consistent with, and satisfy the statutory criteria specified in Section 5 of the LRHL, NJSA 40A:12A-5, and therefore may be found in need of redevelopment, with the aforementioned five residential properties being identified by an asterisk and requiring the property owners consent to be so included in the redevelopment area. Further, based on the substantial evidence these properties, when considered as one area, may be designated as an area in need of redevelopment by the Borough Council. This being done after considering all other pertinent testimony and evidence, and upon a finding by the governing body that the public health and welfare will best be served by such a designation.

Chart 2

The Borough of Wanaque

Identification of Properties under Investigation by the

Wanaque Planning Board

Proposed, Potential Redevelopment Area-Midvale-1

Property ID (Block/Lot)	Property Description	Applicable Statutory Criteria Per The LRHL
231 Lot 11	A vacant parcel, formerly a public school.	b, c, e, h
231 Lot 5	A residential property on a large parcel of property. An improvement to land ratio of .71. (May be sub divided, keeping the residential structure and better utilizing the land.)	e, h

231 Lot 5.01	Paved parking area.	c, d, e, h
231 Lot 7	A two story structure with difficult means of access and limited on site parking. Commercial first floor and residences above (four bedrooms). Exterior needs maintenance.	d, e, h
231 Lot 8	A two story structure with difficult means of access. Two apartments above a marginal restaurant use. Two small free standing “houses” on parcel.	a, d, e, h
231 Lot 9	A two story structure with retail uses (tanning) on first floor and two apartments above. An improvement to land ratio of .54	d, e, h
231 Lot 10	A residential structure (rental). Exterior maintenance issues. An improvement to land ratio of .69.	d, e, h (elements of a are apparent as well)

Proposed, Potential Redevelopment Area-Midvale #2

Property ID (Block/Lot)	Property Description	Applicable Statutory Criteria Per The LRHL
232 Lots 6 and 8	A municipal building and vacant municipal lot.	c, d, e, h
232 Lot 9*	A residential property.	h, NJSA 40A:12A-3
232 Lot 10*	A residential property with a 1.1 improvement to land ratio.	h, NJSA 40A:12A-3
232 Lot 11	A two story structure with two apartments. Difficult access and limited parking. An improvement to land ratio of .58.	d, e, h
232 Lot 13*	A residential property.	h, NJSA 40A:12A-3
232 Lot 14	Two story retail on first floor and apartment above. An improvement to land ratio of .75.	d, e, h

Proposed, Potential Redevelopment Area-Midvale #3

Property ID (Block/Lot)	Property Description	Applicable Statutory Criteria Per The LRHL
220 Lot 3*	A residential property requiring maintenance.	h, NJSA 40A:12A-3
220 Lot 4	Vacant, fenced off property.	c, d, e, h
220 Lot 11	A three story commercial building with three apartments above, a 1900 converted Dutch Colonial. An improvement to land ratio of 1.48.	d, e, h

Proposed, Potential Redevelopment Area-US Aluminum

Property ID (Block/Lot)	Property Description	Applicable Statutory Criteria Per The LRHL
435 Lot 5	A vacant factory with environmental issues. An improvement to land ratio of .64.	a, b, e, h
435 Lot 5.01	A vacant parcel adjacent to factory site in foreclosure proceedings.	c, e, h

Proposed, Potential Redevelopment Area-Haskell 2008

Property ID (Block/Lot)	Property Description	Applicable Statutory Criteria Per The LRHL
435 Lot 13 and 14* (merged lots)	Residential structure adjacent to commercial use. Exterior maintenance needed. Improvement to land ratio of 1.0.	e, h
435 Lot 14.01	Two story commercial structure with two apartments. Exterior maintenance needed.	e, h
435 Lot 15	Two story commercial structure with three apartments. Exterior maintenance needed. An improvement to land value of .85.	e, h
435 Lot 16	Two story commercial structure with apartment. Exterior maintenance needed. An improvement to land value of .65.	e, h
435 Lot 17	Two story commercial structure with apartment(s).	e, h
These properties are beginning to show signs of deterioration which may give rise in the future to other applicable criteria if not addressed.

5-Relationship to the Wanaque Master Plan

The revised Master Plan, dated June, 1992 as adopted by the Wanaque Planning Board, identified the Haskell Redevelopment Center as a critical planning objective of the Borough. The Revised Borough of Wanaque Master Plan indicates that possible development scenarios exist such as a possible “strip mall” south of Doty Road. The revised Master Plan also addresses the importance of “implementing” such a redevelopment plan and the planning efforts necessary to “bring such a concept to fruition”.

In our experience such a significant planning effort can not be accomplished by one property owner or the individual actions of any combination of the property owners within these areas. What is required is a comprehensive and coordinated approach undertaken as part of the redevelopment planning process. Under such an approach, the property within the study area can be redeveloped in a coordinated and planned manner to implement the comprehensive plans of the Borough of Wanaque and more effectively contributing to the general health and welfare of both the Borough and region.

The potential area in need of redevelopment under study, and the subject of this Report, lies at the center of the redevelopment efforts noted in the 1992 Revised Master Plan.

6-Specific Criteria-Growing Lack of Proper Utilization-Criterion e

The statutory e criterion is applicable in circumstances where an identifiable underutilization or lack of proper utilization of properties in a redevelopment study area exists. The condition of lack of proper utilization may be the result of property ownership and title problems, property configuration, or other conditions that limit the economic viability and marketability of the properties in a study area and depress property values. An example is Block 435, Lot 5.01 which is in arrears on property tax payments and subject to foreclosure.

Properties that meet criterion e may include parcels with limited improvements (buildings) not meeting their full market potential, properties that exhibit poor design and arrangement consistent with criteria d, or properties in an area not developed in a manner consistent with the objectives of a municipality’s zoning and master plan. We have noted in the foregoing Charts several properties that have improvement (building) values less than the value of the land. This is an indication that the property is underutilized and we have noted other property issues leading to this condition: for example, difficult means of access due to the property lay out.

Here we turn to the streetscape along Ringwood Avenue, the business district of the Borough of Wanaque. A review of the Borough of Wanaque zoning map indicates that this area of the Borough of Wanaque is a Business Zone. As the pictures provided at the Planning Board hearing show, the vacant storefronts, odd sized and different “shaped” properties and buildings and the poor condition of the properties depress their value and limit the use of the properties and the area in general. These conditions also depress the overall value of the Borough of Wanaque.

The US Aluminum factory site is in an industrial zone. The property has been vacant for over one year and is subject to environmental clean up protocols. This property clearly satisfies the statutory criteria and is not in any way a productive condition of the land and is not serving the public health, safety and welfare in its’ current condition.

So as to quantify the premise of the growing lack of proper utilization we have researched the tax assessment data for the Borough of Wanaque as a whole. We find that the 2007 total assessed value of land to be $228.3 million and the 2007 total assessed value of improvements to be $334.6 million. The total 2007 assessed value is $562.9. This is an improvement to land ratio of 1.47. Based on these assessed value numbers, the percent of 2007 total assessed value that is produced from land value is 41%, with improvements (buildings) representing 59% of the total 2007 assessed value in the Borough of Wanaque. In other words the investment upon the land in the Borough of Wanaque in the form of improvements (building) is greater than the investment in the land itself.

When we compare the potential proposed area in need of redevelopment with the Borough of Wanaque as a whole we find that improvement value is significantly less than the land value in many properties, including the US Aluminum property.

This disparity in property investment is further signified by the fact that the properties under study, as an area in need of redevelopment, are in the Business District of the Borough; the Town Center, with many two story buildings and commercial properties typically valued (and/or assessed) at greater values than the remainder of the Borough, which is predominately residential.

Because the properties have poor lot configurations, evidenced by difficult means of access or have being vacant, they are as a whole under-productive and stagnant and not contributing to the public health, safety and welfare. When this analysis is considered along with the general poor condition of majority of the properties it apparent that these properties can be much better utilized.

The preceding analysis provides substantial evidence that the properties in the area under study are stagnant and underutilized and a growing lack of utilization is evident. These properties meet the statutory tests under criterion e. Further, the public safety, health and welfare is being harmed by having the Town Center, the focal point of the Borough, in a condition of stagnation.

7 Specific Criteria-Smart Growth Consistency-Criterion h

Smart growth is an approach to planning that directs new growth to locations where infrastructure and services are available, limits sprawl development, protects the environment, and enhances and rebuilds existing communities. The New Jersey Office of Smart Growth (OSG) defines smart growth as “well-planned, well-managed growth that adds new homes and creates new jobs, while preserving open space, farmland, and environmental resources. Smart growth supports livable neighborhoods with a variety of housing types, price ranges and multi-modal forms of transportation.” When applied as recommended by OSG, smart growth is epitomized by compact, transit accessible, pedestrian-oriented, mixed-use development and land uses.

OSG lists the following principles of smart growth

Mixed land uses

Compact, clustered community design

Walkable neighborhoods

Distinctive, attractive communities offering a ‘sense of place’

Open space, farmland, and scenic resource preservation

Future development strengthened and directed to existing communities using existing infrastructure

Transportation option variety

Community and stakeholder collaboration in development decision-making

Predictable, fair, and cost-effective development decisions

Range of housing choice and opportunity

The State of New Jersey Development and Redevelopment Plan also addresses smart growth principles. Adopted on March 1, 2001, the New Jersey State Development and Redevelopment Plan (SDRP) provides a comprehensive planning framework for the future of New Jersey, including the application of smart growth principles throughout the state. The SDRP calls for focusing growth in areas with existing infrastructure and investment, (cities, suburbs, towns) and away from environmentally sensitive areas. The primary policy objective of the SDRP in areas lying outside of metropolitan and suburban planning areas is to focus development and redevelopment in appropriately located and designed centers to accommodate growth that would otherwise occur in the environs. Development and redevelopment in the environs should not exceed the carrying capacity of the area and should maintain or enhance the character of the environs. In particular, the SDRP recognizes that center based development can provide a location to receive visitors and handle the impacts resulting from economic development strategies promoting agricultural and recreational-based tourism.

As noted in the 2001 SDRP:

“To accommodate an appropriate level of growth, Rural Planning Areas need strong Centers. These Centers should attract private investment that otherwise might not occur. Second, the Plan recognizes the growing need to retain, expand or locate certain farm services and businesses (for example, farm suppliers, processors and marketing services) in Rural Planning Areas to promote a viable agricultural industry in New Jersey. The Plan encourages and promotes their concentration within Centers supported by the necessary infrastructure and investment. Accordingly, the Plan recommends strengthening the economic capacities of existing Centers and strategically locating new Centers to minimize the negative impacts of growth on present and future farming operations.” (SDRP, p. 208)

The SDRP also recommends a center-based planning approach:

“New development should be guided into Centers to preserve open space, farmland and natural resources and to preserve or improve community character, increase opportunities for reasonably priced housing and strengthen beneficial economic development opportunities. Directing development from the Environs to Centers will ensure that the Environs remain in recreational, cultural or resource-extraction uses or left undisturbed. The appropriate provision and scaling of public facilities and services should maintain the integrity and function of the ecological systems in this area. Strategic planning and investing also can accommodate beneficial development and redevelopment in Centers, both efficiently and equitably.” (SDRP, p. 217)

As previously indicated, and consistent with the “smart growth” center-based land use planning approach advocated in the SDRP, the Borough of Wanaque has received approval and endorsement from the State Planning Commission for the creation of a mixed-use Town Center (Haskell) the area under study in this Report.

As recommended in the SDRP, redevelopment can be an effective implementation strategy to strengthen existing and create new centers. The SDRP policies include:

“Encourage appropriate redevelopment in existing centers and existing developed areas that have the potential to become centers, or in ways to support center-based development to accommodate growth that would otherwise occur in Environs. Redevelop with intensities sufficient to support transit, a broad range of uses, efficient use of infrastructure, and design that enhance public safety, encourage pedestrian activity, reduce dependency on the automobile and maintain the rural character of the centers.” (SDRP, p. 210)

Redevelopment is also recognized as a legitimate planning tool within centers a stated goal of the SDRP is to:

“Encourage environmentally appropriate redevelopment in existing Centers and existing developed areas that have the potential to become Centers or in ways that support Center-based development to accommodate growth that would otherwise occur in the Environs. Redevelop with intensities sufficient to support transit, a range of uses broad enough to encourage activity beyond the traditional workday, efficient use of infrastructure, and physical design features that enhance public safety, encourage pedestrian activity and reduce dependency on the automobile to attract growth otherwise planned for the Environs.” (SDRP, p. 219)

By redeveloping the Ringwood Avenue area of Wanaque, and the US Aluminum site, consistent with the land use planning goals stated in the Borough’s 1992 revised Master Plan, Town Center Reports, and the SDRP, the Borough can achieve a sense of place and center-based “smart growth” community development favored by the State Planning Commission and enumerated in the SDRP.

The properties identified in this study area are a critical component to the future health and vitality of the Wanaque Town Center. Thus, their redevelopment is critical to furthering the best interest and general welfare of Wanaque and effectuating the goals and objectives of the SDRP consistent with the smart growth goals and objectives stated therein and summarized in this Report. The use of redevelopment in cooperative approach with local property owners will enable them to take quick and coordinated action in redeveloping their properties consistent with Wanaque’s Town Center and, in turn, the goals of the Borough’s Revised Master Plan and the SDRP. In addition, an environmentally sensitive area of over five acres, the US Aluminum site, will be cleaned up if it is successfully redeveloped.

It follows that a redevelopment designation of these properties is consistent with criterion h and will promote the healthy and vital development of the Wanaque Town Center, of which the Haskell section was approved and endorsed by the State Planning Commission in accordance with its adopted State Planning Rules. Accordingly, the designation of the properties as an area in need of redevelopment will effectuate the implementation of the smart growth planning principles adopted by the State Planning Commission in a manner recommended in its SDRP. Criterion h indicates that an area may be designated in need of redevelopment if “the designation of the delineated area is consistent with smart growth planning principles adopted pursuant to law or regulation.”

8-Final Recommendation

As expressly set forth in this report the aforementioned twenty (20) properties, as specifically identified in Charts, 1 and 2, qualify as an “Area in Need of Redevelopment” in accordance with N.J.S.A. 40:12A-5. An additional five (5) properties may be included in the redevelopment area with the consent of the property owner. Upon hearing testimony from the affected property owners and the public, and after visiting the properties in the area under investigation (study), the Wanaque Planning Board should consider recommending to the Borough Council that the properties identified in the Charts be designated in need of redevelopment.

Further, the Wanaque Planning Board should consider recommending to the Borough Council that a Redevelopment Plan be prepared and adopted by the Council, with appropriate review and comment by the Planning Board, in accordance with the requirements of the Local Redevelopment and Housing Law.

Prepared by:

Benecke Economics

Robert L. Benecke

Henry Coleman, PhD

Fred Suljic, P.P.

October 6, 2008