September 6, 2022 - R2022-191, Resolution to prepare amendment to permit 65 foot warehouse (from Council to LUB)
Click on image to the image to the right to see a copy of Resolution 2022-191
This is a resolution that was not on the agenda and created after representatives from the Peron Corporation made a presentation to Council about another warehouse configuration that they were proposing to build on the Peron Howard Street property.
Interestingly, when you read this documment it reads much different than one would expect. It would be expected that the Phillipsburg Town Council would direct the Land Use Board (aka Planning Board) to review the plans for a 65 foot warehouse on the Peron Howard Street property, determine if this fits in with the Riverfront Redevelopment Plan (RRP) and town Master Plan, and then send the Land Use Board decision back to the Town Concil.
The language in Resolution 2022-191 specifically states that the Town Council is "DIRECTING THE PHILLIPSBURG PLANNING BOARD TO PREPARE AN AMENDMENT TO THE RIVERFRONT REDEVELOPMENT PLAN IN ORDER TO PERMIT 65 FOOT BUILDING HEIGHT (DISTRICT 5)"
Again, further down in the document it states "NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Phillipsburg, County of Warren, State of New Jersey that the Phillipsburg Planning Board is hereby directed, in accordance with NJSA 40A:12A-7, to prepare an amemdment to the Riverfront Development Plan to permit 65-foot building heights within District 5.."
Note that there is nothing magical about NJSA 40A-12A-7. This portion of statute simply indicates the following:
"7. a. No redevelopment project shall be undertaken or carried out except in accordance with a redevelopment plan adopted by ordinance of the municipal governing body, upon its finding 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 criteria set forth in section 5 or section 14 of P.L.1992, c.79 (C.40A:12A-5 or 40A:12A-14), as appropriate.
The redevelopment plan shall include an outline for the planning, development, redevelopment, or rehabilitation of the project area sufficient to indicate:" with a number of things to consider and procedures to follow beneath the description as noted above."
This seems to be another oddity in the process. It would have been expected that the Council direct the Planning Board to consider whether 65 foot building height is in alignment with the Riverfront Redevelopment Plan and return its findings, which may or may not be an admendment, and not direct the Planning Board to prepare an amendment to the Riverfront Redevelopment Plan in order to Permit 65 foot Building"