11 13 2021 Ordianance 2021 27Click on the image to the right to download Ordinance 2021-27:

Ordinance 2021-27 is an ordinance that was vetoed by the Mayor and the Council failed to override the veto.   Some important points regarding this ordianance:

  • Ordinance 2021-27 was vetoed by Phillipsburg Mayor Tersigni and the Town Council did not override his veto.  This means that this Ordiance did not become "law".
  • This Ordianance is designed to replace Ordinance 2021-14, which changed the zoning on the Peron Howard Street property along the riverfront of the Delaware Reiver from Riverside Residential to Industrial (to permit construction of a warehouse)
  •  Riverside Residential was meant to consist primarily of residential buildings, and retail, museum, cultural and office use on the ground floors, and parks and recreational facilities.
  • "Peron Construction" "intends to enter a Second Amendment to the Redeveloper Agreement between the Redeveloper and the Town" "For the development of one ""Industrial Building"" of approximately 400,000 square feet, associated parking, supporting infrastructure and improvements on the property identified on the tax maps of the Town as Block 2102 Lots 1, 2.01 and 2.02;"  (note that this ordinance was not approved and this means the "Industrial Building" of 400,000 square feet was not approved as a modification to the Riverfront Redevelopment Plan)
  • "there was a lawsuit filed which challenged the validity of the Oridianance 2021-14 and the District 5 Amendment - RRP adoption based, among other things, allegations of conflict among the governing body which acted upon Ordinance 2021-14 and inconsistencies between Ordinance 2021-14 and the 2004 Master Plan; and
    Whereas, the Town desires to rectify any perceived issues with the Original Adoption by introducing an amended District 5 Amendment"
    It should be noted that the only Council member that was no longer present to vote on Ordinance 2021-27 was Frank McVey.  We alledge that there are multiple conflicts of interest with the members of Council who voted on Ordinance 2021-14.
  • Additionally, there are multiple inconsistencies between Ordinance 2021-14 and 2021-27 and the 2004 Master Plan.  Ordinance 2021-27 actually enumerated these incosistencies, and these inconsistencies should be considered for any future plans to change the Peron Howard Street Property from Riverside Residential to Industrial.  Some of the inconsistencies are as follows:
    • Light Industrial does not provide for "river related businesses, activities and housing" along the entire length of the Delaware River
    • Light industrial does not "increase public access and use of the Delaware River"