ORDINANCE NO. 2544
ORDINANCE OF THE COUNCIL OF THE BOROUGH OF ROSELLE
PARK, COUNTY OF UNION, NEW JERSEY, ADOPTING THE “10
WEST WESTFIELD AVENUE REDEVELOPMENT PLAN BLOCK
610, LOTS 1 AND 3” PURSUANT TO THE LOCAL
REDEVELOPMENT AND HOUSING LAW, N.J.S.A. 40A:12A-1 et
seq.
WHEREAS, the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (the
“Redevelopment Law”), authorizes municipalities to determine whether certain parcels of land in the
municipality constitute areas in need of redevelopment; and,
WHEREAS, pursuant to N.J.S.A. 40A:12A-6 of the Redevelopment Law, the Council (the
“Borough Council”) of the Borough of Roselle Park, in the County of Union, New Jersey (the
“Borough”) must authorize the Land Use Board of the Borough (the “Land Use Board”) to conduct an
investigation of the area and make recommendations to the Borough Council; and,
WHEREAS, the Borough Council, by Resolution #156-17, adopted May 18, 2017 pursuant to the
Redevelopment Law, authorized and directed the Land Use Board to undertake a preliminary
investigation to determine if a specific area located at Block 610, Lots 1 and 3 on the tax map of the
Borough (together, the “Study Area”) constituted an area in need of redevelopment according to the
criteria set forth in the Redevelopment Law; and,
WHEREAS, the aforesaid resolution authorized the Land Use Board to investigate the Study
Area as a Condemnation Redevelopment Area (as defined in N.J.S.A. 40A:12A-6(a) of the
Redevelopment Law), within which the Borough may use all of those powers provided under the
Redevelopment Law for use in a redevelopment area, including the power of eminent domain; and,
WHEREAS, the Redevelopment Law requires the Land Use Board to conduct a public hearing
prior to making its determination whether the Study Area should be designated as an area in need of
redevelopment, at which hearing the Land Use Board shall hear all persons who are interested in or would
be affected by a determination that the Study Area is a redevelopment area; and,
WHEREAS, the Land Use Board properly noticed a public hearing on the preliminary
investigation of the Study Area which conforms to the Redevelopment Law; and,
WHEREAS, on October 16, 2017, the Land Use Board conducted a public hearing in accordance
with the Redevelopment Law and after due consideration of the preliminary investigation and the
comments and objections from the public made part of the public record and after consulting appropriate
municipal departments and counsel, adopted a resolution recommending the Borough Council designate
the Study Area as an area in need of redevelopment pursuant to the Redevelopment Law, including the
power of eminent domain; and,
WHEREAS, the Borough Council accepted the recommendation of the Land Use Board and on
October 19, 2017, adopted Resolution #293-17 designating the Study Area as an area in need of
redevelopment under the Redevelopment Law, such designation authorizing the Borough and Borough
Council to use all those powers provided by the Redevelopment Law for use in a redevelopment area,
including the power of eminent domain (the “Redevelopment Area”); and,
WHEREAS, Benecke Economics prepared a redevelopment plan for the Redevelopment Area
entitled: “10 West Westfield Avenue Redevelopment Plan Block 610, Lots 1 and 3” (the “Redevelopment
Plan”) attached hereto as Exhibit A, providing the development standards for the Redevelopment Area;
and,
WHEREAS, pursuant to the Redevelopment Law, the Land Use Board must review the
Redevelopment Plan and transmit its recommendations relating to the Redevelopment Plan to the

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 Borough Council in accordance with the provisions of N.J.S.A. 40A:12A-7(e) of the Redevelopment Law;
and,
WHEREAS, on May 17, 2018 the Borough Council adopted Resolution #173-18 directing the
Land Use Board to review the Redevelopment Plan and transmit its recommendations relating to the
Redevelopment Plan to the Borough Council in accordance with the Redevelopment Law; and,
WHEREAS, on June 11, 2018 the Land Use Board reviewed the Redevelopment Plan and
adopted Resolution #2018-005 recommending the adoption of the Redevelopment Plan pursuant to
N.J.S.A. 40A:12A-7e, subject to certain recommendations, to wit: 1) omit the option of a “supermarket”
as a Permitted Use in Section 4 of the Redevelopment Plan as set forth in proposed Resolution #201-18
(“LUB Recommendation 1”); 2) omit the option of “auto retail” as a Permitted Use in Section 4 of the
Redevelopment Plan as set forth in proposed Resolution #202-18 (“LUB Recommendation 2”); 3) omit
the 15% Affordable Housing Obligation in Section 7 of the Redevelopment Plan as set forth in proposed
Resolution #203-18 (“LUB Recommendation 3”); 4) change the requirement of impervious coverage to
90% (from 95%) in Section 4 of the Redevelopment Plan as set forth in proposed Resolution #204-18
(“LUB Recommendation 4”); and 5) set minimal Retail/Professional Office/Bank/Restaurant space to
1750 sq. ft. in Section 4 of the Redevelopment Plan as set forth in proposed Resolution #205-18 (“LUB
Recommendation 5” and together with LUB Recommendation 1, LUB Recommendation 2, LUB
Recommendation 3 and LUB Recommendation 4, the “LUB Recommendations”); and,
WHEREAS, the Borough Council considered the LUB Recommendations at the Borough
Council meeting held June 21, 2018 and considered and voted upon the LUB Recommendations at the
Borough Council meeting held July 19, 2018 and, in accordance with N.J.S.A. 40A:12A-7(e), the
Borough Council addresses same as follows:
1. LUB Recommendation 1: The Borough Council desires to maintain flexibility in the types of
uses permitted within the Redevelopment Area to promote business development and as such
declined to amend the Redevelopment Plan with LUB Recommendation 1 and did not adopt
proposed Resolution #201-18.
2. LUB Recommendation 2: The Borough Council desires to maintain flexibility in the types of
uses permitted within the Redevelopment Area to promote business development and as such
declined to amend the Redevelopment Plan with LUB Recommendation 2 and did not adopt
proposed Resolution #202-18.
3. LUB Recommendation 3: The Borough Council desires to maintain the option to require the
inclusion of up to 15% of affordable units within the Redevelopment Area and as such
declined to amend the Redevelopment Plan with LUB Recommendation 3 and did not adopt
proposed Resolution #203-18.
4. LUB Recommendation 4: The Borough Council accepted LUB Recommendation 4 and
revised Section 4(2)(a)(3) the Redevelopment Plan providing for maximum impervious
coverage of 90% and adopted Resolution #204-18.
5. LUB Recommendation 5: The Borough Council desires to maintain flexibility in the area
requirements to encourage business development within the Redevelopment Area and as such
declined to amend the Redevelopment Plan with LUB Recommendation 5 and did not adopt
proposed Resolution #205-18.
WHEREAS, the Borough Council believes the adoption of the Redevelopment Plan is in the best
interests of the Borough with the Borough Council’s consideration of the LUB Recommendations as
noted herein.
NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Roselle
Park, in the County of Union, New Jersey, as follows:
1.
The aforementioned recitals are incorporated herein as though fully set forth at length.
2.
The Redevelopment Plan, attached hereto as Exhibit A, is hereby adopted pursuant to the
terms of N.J.S.A. 40A:12A-7.

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 3.
The zoning district map included in the zoning ordinance of the Borough is hereby
amended to reference and delineate the property described and governed by the Redevelopment Plan. All
of the provisions of the Redevelopment Plan shall supersede the applicable development regulations of
the Borough’s municipal code, as and where indicated.
4.
If any part of this Ordinance shall be deemed invalid, such parts shall be severed and the
invalidity thereby shall not affect the remaining parts of this Ordinance.
5.
A copy of this Ordinance and the Redevelopment Plan shall be available for public
inspection at the office of the Borough Clerk during regular business hours.
6.
This Ordinance shall take effect in accordance with all applicable laws.

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