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BE Project Tomorrow: The 2010 Lyndhurst Redevelopment Study
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The Township of LyndhurstBergen County, New Jersey
Project Tom orro w
Project Outline andRedevelopment Investigation Report
A Study to Outline the Scope of Project Tomorrow and to assist theLyndhurst Planning Board in Investigating Whether Certain
Properties Located within the Township of Lyndhurst, Satisfy theStatutory Criteria of the New Jersey Local Housing and
Redevelopment Law, as an Area In Need of Redevelopment.
January 3, 2010Prepared by:
Benecke EconomicsMoonachie, New Jersey
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TABLE OF CONTENTS
1. IntroductionA. Project Tomorrow 3B. The Redevelopment Study 5C.Additional Background-Lyndhurst 5D. The Study Area 7
2. Description of the Properties under Study 8
3. The Statutory Criteriaand Parameters of the Study 14
4. Relationship of the Study Area to theLyndhurst Master Plan 17
5. The Project Tomorrow Redevelopment AreaRelationship to Specific LRHL criteria
A. Underutilization (criterion e) 18B.Consistency with smart growth principles
(criterion h) 20
6. The Property Tax Status of the Study Area 27
7. Project Planning-Effort and Implementation 29
8. Final Recommendations 30
Disclaimer-Please Read:
This Report has been prepared to assist the Lyndhurst Planning Boardand the Lyndhurst Township Board of Commissioners in theirdeliberations regarding the proposed, potential area in need ofredevelopment. It is in the sole and exclusive governmental discretion of
these public bodies to determine if it is in the best interest of the public tomake such a designation.
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1-Introduction
A. Project Tomorrow. The Township of Lyndhurst is undertaking
a program of community sustainability; known as Project Tomorrow.
On September 16, 2009 Mayor Richard DiLascio sponsored a meeting of
Professional and Township Board members to introduce Project
Tomorrowto the stakeholders who will be responsible for the programs
implementation. On November 10, 2009 the Lyndhurst Board of
Commissioners, at their public meeting, discussed the program and
adopted a Resolution endorsing Project Tomorrow. On November 11,
2009 the Planning Board, at their public meeting, received a presentation
regarding Project Tomorrow and reviewed their important role in vetting
various aspects of the program.
Project Tomorrow focuses on sustaining the Township of
Lyndhurst as a livable community, keeping its place as one of the Best
Places to Live in New Jersey and the country. To sustain this important
position the Township of Lyndhurst must plan now to deal with the
challenges it faces. The challenges facing communities both small and
large are often daunting, if not overwhelming.
These challenges include:
Aging infrastructure. The metropolitan New York/New Jersey areahas the oldest sewer, water and road systems in the country. Thesesystems must be continually improved and upgraded-at great expense,when most other areas of the country (except for the industrial mid-west)have much newer systems constructed with more advanced materials.
Property taxes. The State of New Jersey has, by most measures,the highest property taxes in the country. This tax is not based onincome or ability to pay the annual tax, but rather is based on the valueof property, both residential and commercial. In the year 2008 the
average property tax rate of all municipalities was $1.71 per $100 ofequalized valuation. Despite being located in the most denselypopulated and expensive area of New Jersey, Lyndhurst had a tax rateslightly less than the state average. The Township must continue to workhard to maintain this position while recognizing that school districtspending takes up the largest share of the tax bill: 48.5%. This comparesto 40.6% for the municipality, with the balance of approximately 11%going to the County of Bergen.
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Public service needs and desires. The State of New Jersey has adiverse population both economically and geographically. The mostdensely populated state in the country, at 1,171 persons per square mile,the populous needs and deserves quality education services, law
enforcement services (police protection), health services (such as sanitaryinspections), fire protection services and so on. These are costly servicesthat must be financed principally through the property tax.
Aging communities. Most structures, both residential andcommercial, located in the metropolitan New York/New Jersey area, werebuilt in the time period of 1940 to 1970. This means that moststructures are thirty years of age or older, some at the end of theiruseful life unless rehabilitated. Of the 4,752 owner occupied residentialunits located in Lyndhurst 84.7% were built prior to 1960, with 43.5%being built prior to 1940 (source: the United States Census Bureau).Investment in properties must be continually made to avoid deteriorating
conditions which will ultimately spread resulting in declining propertyvalues. Of course, declining property values leads to higher propertytaxes and greater demand for service. This all points to the necessity ofstarting a neighborhood preservation program in Lyndhurst, so as tohelp homeowners and neighborhoods maintain their vibrancy.
Energy conservation. A significant feature of a sustainabilityprogram is energy conservation. Having public space use energy in anefficient manner, so as to reduce costs while at the same time limitingthe use of valuable natural resources. (All future redevelopment anddevelopment plans should have an energy conservation plan and, ifpractical, be designed and built with green building concepts.)
The goal of Lyndhursts Project Tomorrow is to ensure that these
challenges are met, and dealt with head on, so as to ensure that
Lyndhurst will be even better in the future, hence the term sustainability.
As this Report continues we will weave in features of sustaining
Lyndhurst as the wonderful, livable place it is.
B. The Redevelopment Study. So as to begin Project Tomorrow
with concrete steps, the Board of Commissioners has directed theLyndhurst Planning Board to conduct a preliminary investigation to
determine if certain properties (initially, eleven identified properties)
located along or near Ridge Road and Second Avenue, qualify as an area
in need of redevelopment.
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The identified properties, as further identified and described in this
Report, include the Lincoln School, which is located at the epicenter of
what theoretically is, and could become, the center of town, and the
now vacant rail station (the former Trax site) at Second Avenue and
Stuyvesant Avenue. These two properties, located about one-half mile
from each other, are the focal point of the proposed, potential
redevelopment area.
This Redevelopment Study (or Report) is intended to be used by the
Lyndhurst Planning Board and Board of Commissioners to identify
limited redevelopment opportunities in a well-defined 2.1 acre area of
Lyndhurst. Perhaps more important, this Report provides the
background and evidence to support (or not) a determination that the
properties identified by the Board of Commissioners in their November
10, 2009 Resolution satisfy the statutory criteria of the New Jersey
Housing and Local Redevelopment Law (LRHL). It follows that the
purpose of the preliminary investigation undertaken by the Planning
Board is to determine if the properties identified by the Board of
Commissioners 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. The redevelopment study area is commonly
known as the Project Tomorrow Redevelopment Area. Once again, this
Report assists the Planning Board with their work.
C. Additional Background-Lyndhurst. The Township of Lyndhurst,
Bergen County, New Jersey, has a population of approximately 19,500 in
its 4.9 square miles. It lies directly to the south of State Highway-Route 3
and just east of the New Jersey Turnpike (Interstate 95). The Townshiphas the characteristics of an urban area, nearly 4,000 people per square
mile, and numerous commercial establishments; while at the same time
having the characteristics of a suburban community, well maintained
single family residences with a strong neighborhood feel.
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The entire Township is situated in the New Jersey Planning Area 1
(PA-1) which is designed, pursuant to State Law, to encourage
development and redevelopment. The majority of the eastern portion of
the Township is located in the New Jersey Meadowlands District (NJMD,
with land use decisions being made by the NJMD Commissioners, with
input from the Township. So as to acquaint the reader of this Report with
the general study area, the following map of the State of New Jersey is
presented depicting the location of the Township of Lyndhurst, Bergen
County.
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D. The Study Area. Our focus now turns to the November 10, 2009
Board of Commissioners Resolution authorizing and directing the
Lyndhurst 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 Board of Commissioners identified eleven (11) properties to be
investigated as a potential area in need of redevelopment, in furtherance
ofProject Tomorrow. One of the properties included in the Resolution
adopted by the Board of Commissioners, Block 89 Lot 8, includes two (2)
apartments, one of which is owner occupied. As such, unless there
exists: 1-unhealthy and unacceptable living conditions as evidenced by a
health inspection report, or 2-the property has been deemed an unsafe
structure by the Townships Construction Code Official, this homeowner
occupied unit cannot be considered part of the redevelopment study
area, until the nature of the property changes.1 This means that ten (10)
parcels are being studied in this Report.
This Redevelopment Investigation Report has been prepared and is
written to assist the Lyndhurst 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 thegoverning body of the municipality shall, by resolution, authorize the PlanningBoard to undertake a preliminary investigation to determine whether theproposed 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
1 As we discuss later in this Report, the inclusion of a specific property, not directlysatisfying the statutory criteria of being in need of redevelopment area, may benecessary to be designated as being located in an area in need of redevelopment ascontemplated in NJSA 40A:12A-3. However, absent one of the two conditions cited here,having both the property owners written permission AND a viable potentialredevelopment project, would we recommend the inclusion of an owner occupiedresidential property in a designated redevelopment area.
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municipality shall assign the conduct of the investigation and hearing to thePlanning Board of a municipality.
Over the past two months evidence has been gathered as to the
condition of the potential redevelopment area through several site visitsto the properties including in November and December 2009. We will
continue our research up to the Planning Board hearing. Our
investigation included visiting and taking photographs of the exteriors of
the properties, reviewing tax assessment records, property maintenance
records and speaking to property owners. We have also researched the
zoning ordinances and Lyndhurst Master Plan.
Annexed to this report and made a part hereof is Exhibit B;
labeled photographs of each of the properties included in the proposed,
potential redevelopment area. These photographs are part of the body of
evidence presented in this study to support the opinion that certain of
the parcels are in need of redevelopment.
2-Description of the Properties under Study (Investigation)
The specific properties being studied in this Report, pursuant to
the aforementioned Township Board of Commissioners Resolution2, are
identified in the following two (2) abstracts of the Townships tax map
and the following aerial street views.
2The Resolution identifies the properties as follows:BE IT FURTHER RESOLVED that the
Planning Board shall conduct a public hearing respecting the proposed Project Tomorrow redevelopment areathat being specifically, Block 89-Lots 7, 8, 9, and 10; Block 13-Lots 1, 10, 11 and 12; Block 12-Lots 1, 2 and
3. The approximate street addresses located in Block 89 at 551 Valley Brook Avenue, 552 Gutheil Place, 281
Ridge Road, 555 Valley Brook Avenue; in Block 13 at 316 Second Avenue, 325 New York Avenue, Station
Square (Township of Lyndhurst property); and in Block 12 at 300 Second Avenue, and 160 Stuyvesant
Avenue. (No official street addresses are pertinent to Block 13, Lot 12 and Block 12, Lot 3.)
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M ap 1
The Block 89 Parcels-Four Lots Under Study(Lots 7, 8, 9, 10)
Please note: Block 89, Lot 8 is NOT included in the modified study area, as indicated in
Section 1D, of this report.
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M ap 2
The Block 12 and Block 13 ParcelsSeven Lots under Study
(Bl. 13 Lots 1, 10, 11 and Bl. Lots 1, 2, 3)
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M ap 3
Aerial View of the Block 89 Area
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M ap 4Aerial View of the Block 12 and 13 Area
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Chart 1Project Tomorrow
Redevelopment Study Area
Identification of Properties under Investigation by theLyndhurst Planning Board
Property ID(Block/Lot)
CommonStreet
Address
Owner ApproximateLot Size
Block 12 Lot 1 300 SecondAvenue
The Township ofLyndhurst
.3375 Acre(140x105)
Block 12 Lot 2 160Stuyvesant
Avenue
The Township ofLyndhurst
.0179 Acre
Block 12 Lot 3 Merged with Block 12, LotBlock 13 Lot 1 316 Second
AvenueParises, James(Recently acquired bythe Township)
.1712(75x100)
Block 13 Lot10
325 NewYork Avenue
Post #20 A.W.W. .3753 Acre(150x109)
Block 13 Lot11
StationSquare
Jefferson Annex(K-Grade 1)
.225 Acre(100x98)
Block 13 Lot12
Merged with Block 13, Lot 10(a.k.a Trackside)
Block 89 Lot7
551 ValleyBrookAvenue
Germer, Carl .117 Acre(28x182)
Block 89 Lot 8 552 Gutheil Place Valerio, Raymond
Frederick (Homeowner
occupied)
.1003 Acre
(42x104)
Block 89 Lot9
281 RidgeRoad
Board ofEducation/MunicipalBldg. (Grade K-6)
.8348 Acre(209x174)
Block 89 Lot
10
555 Valley
BrookAvenue
Aida, Horotaka .01 Acre
(55x79)
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As previously mentioned, based on our research, we find one
property-Block 89 Lot 8-does not qualify as an area in need of
redevelopment, because it does not meet our rigorous application of the
statutory criteria. This property may very well be capable of being
integrated into a well thought out development plan, a reason permitted
under the statute to potentially include the property in an area in need of
redevelopment. This standard may be applicable to a property when
viewed from a total development perspective because of its critical
location and because of the condition of the surrounding properties.
However, without other conditions (and statutory criteria) being present,
and without a specific redevelopment project, we cannot recommend that
this property be included in an area in need of redevelopment
In some development or redevelopment scenarios the importance of
the location of a property may be sufficient to warrant the propertys
inclusion in the area in need of redevelopment. The property may not be
detrimental to the public and may not meet other criteria (see NJSA
40A:12A-3) and still be included in a redevelopment area.
Based on the foregoing analysis, ten (10) total properties are being
studied in this Report. As previously mentioned, the total redevelopment
area encompasses approximately 2.1 acres (+/-).
3-The Statutory Criteria and 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 stipulated in Section 6 of NJSA 40A:12A, and
further provided the area meets 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.
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b. The discontinuance of the use of buildings previously used forcommercial, 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 localhousing 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 ofdilapidation, 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 causedby 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 orimprovements 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.
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g. In any municipality in which an enterprise zone has beendesignated 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 smartgrowth planning principles adopted pursuant to law or
regulation.
Furthermore, the LRHL permits the inclusion of parcels that do not
meet the statutory criteria, as we noted in our discussion of Block 89,
Lot 8, if the property is necessary for effective redevelopment of the
proposed redevelopment area:
A redevelopment area may include land, buildings or improvements which ofthemselves are not detrimental to the public health, safety or welfare, but theinclusion 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. (NJSA40A:12A-3.)
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Later in the 2001 Master Plan Reexamination, it is emphasized
that (t)he continued revitalization of the central business area is a major
objective (page 9). The Reexamination goes on to identify the potential
for some redevelopment in the general study area as follows:
In this westerly portion of the Township, the problems are similar to thoseobserved in 1982.1. Traffic circulation is a serious problem2. Existing residential neighborhoods must be protected to maintain the quality
of housing and neighborhood character3. The need to improve the viability of the business areas is an ongoing
concern (see pages 7-10).
This Master Plan Reexamination Report also identifies the need to
improve the viability of the businesses (sic) areas along Stuyvesant
Avenue, Valley Brook Avenue, and Ridge Road. The properties studied in
this Report and identified in the November 10, 2009 Resolution adopted
by the Lyndhurst Board of Commissioners, are located in the business
area needing revitalization identified eight years earlier in the 2001
Master Plan reexamination. Indeed, going back to the 1979 Lyndhurst
Master Plan, it was stressed therein that existing business areas should
be maintained and upgraded where necessary.
It is, therefore, easy to conclude that the current efforts of Project
Tomorrow to identify a small, yet important area of Lyndhurst, having
about two (2) acres of land area, for purposes of potential redevelopment,
is consistent with the stated planning efforts of the Township.
{INTENTIONALLY LEFT BLANK}
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5-The Project Tomorrow Redevelopment Area Relationship to SpecificLRHL criteria.
A. Underutilization (criterion e). The area under study and
investigation in this Report is strategically located in the Lyndhurst
town center. Arguably, the most important intersection in the Township
is the four corners area of Ridge Road and Valley Brook Avenue. As we
continue our analysis we note that an elementary school, while an
obvious important community asset, is located on a busy thoroughfare,
not conducive to an elementary school campus setting. The school is
located in a business zoning district, thereby clashing with sound land
use principles. The properties studied in this Report are generally
situated along the Stuyvesant, Valley Brook, and Ridge corridor. Ridge
Road is a heavily traveled street.
The statutory criterion, e, 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. 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 municipalitys zoning and master plan.
Here we turn to the streetscape along Ridge Road, the central
business district of the Township of Lyndhurst. We find a disjointed mixof types and uses of property, such as commercial alongside residential
uses, with a school at the epicenter.
A review of the Township of Lyndhurst zoning map indicates that
the study area is located in a business zoning district.
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As the previous maps, Map 1 and Map 2, indicate the properties at
Block 89, Lots 7 and 10 and Block 12, Lots 1, 2, and 3 are odd sized and
different shaped properties. This diminishes their potential use and
their potential value and the area in general.
Our property research provides substantial evidence that the
properties in the study area are stagnant (by virtue of their inconsistent
use and tax exemption) and thereby underutilized with a growing lack of
utilization being evident, using the Lincoln School and the vacant Trax
Lounge (rail station) as the key properties in the proposed, potential
redevelopment area. When this analysis is considered, along with the
underperforming condition of the properties in terms of tax ratables, it is
readily apparent that these properties can be better utilized so as to
improve the welfare of the citizens and property owners of Lyndhurst.
B. Consistency with smart growth principles (criterion h). In 1985
the New Jersey Legislature adopted the State Planning Act, NJSA
52:18A-196 et seq. This Law recognizes the need for the State of New
Jersey to conserve its natural resources, revitalize its urban areas,
protect the quality of the environment, and provide need housing and
adequate public services at a reasonable cost while promoting beneficial
economic growth, development and renewal.
The State Planning Act establishes the State Planning Commission
and requires that the Commission implement a State Plan to coordinate
planning activities and establish statewide objectives including in the
areas of economic development and urban and suburban redevelopment
(see NJSA 52:18A-200(f)). The State Planning Commission has adopted
the State Development and Redevelopment Plan which serves as theblueprint for development and redevelopment in New Jersey. The State
of New Jersey State Planning Rules and Regulations are found in
Chapter 5:85 of the New Jersey Administrative Code (NJAC). The New
Jersey Office of Smart Growth (OSG) serves the same functions as the
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Office of State Planning as required in NJSA 52:18A-201 (see NJAC 5:85-
1.4 and 1.5).
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. All important to the land use patterns and
sustainability of Lyndhurst.
The New Jersey Office of Smart Growth (OSG) in its role as the
State Planning agency 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
defined 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 usesCompact, clustered community designWalkable neighborhoods
Distinctive, attractive communities offering a sense of placeOpen space, farmland, and scenic resource preservationFuture development strengthened and directed to existing communitiesusing existing infrastructureTransportation option varietyCommunity and stakeholder collaboration in development decision-
makingPredictable, fair, and cost-effective development decisionsRange of housing choice and opportunity
The aforementioned State of New Jersey Development andRedevelopment 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
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existing infrastructure and investment, (cities, suburbs, towns) and away
from environmentally sensitive areas. The Township of Lyndhurst is
located in such an area.
The SDRP designates the Township of Lyndhurst as planning area
one, PA-1, the preferred designation for redevelopment. 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:
New development should be guided into Centers to preserve open space,
farmland and natural resources and to preserve or improve communitycharacter, increase opportunities for reasonably priced housing and strengthenbeneficial economic development opportunities. Directing development from theEnvirons to Centers will ensure that the Environs remain in recreational, culturalor resource-extraction uses or left undisturbed. The appropriate provision andscaling of public facilities and services should maintain the integrity and functionof the ecological systems in this area. Strategic planning and investing also canaccommodate beneficial development and redevelopment in Centers, bothefficiently and equitably. (SDRP, p. 217)
The redevelopment of the proposed area in need of redevelopment,
located at center of the Lyndhurst central business district, is consistent
with the goals and objectives of the SDRP adopted pursuant to Law, the
New Jersey Planning Act and the aforementioned Rules and Regulations.
Accordingly, the designation of the proposed area as an area in need of
redevelopment is consistent with smart growth principles.
As recommended in the SDRP, redevelopment can be an effective
implementation strategy to strengthen existing centers and developed
areas such as the proposed area in need of redevelopment. The SDRPpolicies include:
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Encourage appropriate redevelopment in existing centers and existingdeveloped areas that have the potential to become centers, or in ways to supportcenter-based development to accommodate growth that would otherwise occur
in Environs. Redevelop with intensities sufficient to support transit, a broadrange of uses, efficient use of infrastructure, and design that enhance publicsafety, encourage pedestrian activity, reduce dependency on the automobile andmaintain the rural character of the centers. (SDRP, p. 210)
Redevelopment is also recognized as a legitimate planning tool and
a stated goal of the SDRP is to:
Encourage environmentally appropriate redevelopment in existing Centers andexisting developed areas that have the potential to become Centers or in ways
that support Center-based development to accommodate growth that wouldotherwise occur in the Environs. Redevelop with intensities sufficient to supporttransit, a range of uses broad enough to encourage activity beyond the traditionalworkday, efficient use of infrastructure, and physical design features thatenhance public safety, encourage pedestrian activity and reduce dependency onthe automobile to attract growth otherwise planned for the Environs. (SDRP, p.219)
By redeveloping the proposed, potential (and limited) Stuyvesant
Avenue, Valley Brook Avenue, Ridge Road area of approximately 2 acres,
consistent with the land use planning goals stated in the Townships1979 Master Plan and 2001 Master Plan Reexamination and the SDRP,
the Township of Lyndhurst can achieve a smart growth development
favored by the State Planning Commission and promulgated in the
SDRP, pursuant to the State Planning Act and the Regulations adopted
to implement the Law.
It follows that a designation of the proposed area as an area in
need of redevelopment is consistent with criterion h of the LRHL, NJSA
40A:12A-5(h). This criterion 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.
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We have researched the condition of each property identified by the
Township Board of Commissioners to be potentially included in the
proposed Project Tomorrow Redevelopment Area. The following Chart
identifying the condition of the properties, the analysis included in this
Report, the tax assessment property record cards, together with other
substantial evidence, such as Planning Board testimony, 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. Also, it is emphasized that this Report previously
included an analysis supporting the designation of each of the properties
in the area under criterion e, the lack of proper utilization, and in this
section criterion h, that being that such a designation is consistent with
smart growth principles.
The Chart depicted below indicates that each of the ten (10)
properties located in the (modified) study area have conditions that are
consistent with, and meet the statutory criteria specified in Section 5 of
the LRHL, NJSA 40A:12A-5, and therefore may be designated (or found
to be) in need of redevelopment. 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 Township of
Lyndhurst Board of Commissioners. This may only be accomplished 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.
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The Lincoln School
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Chart 2Project Tomorrow
Redevelopment AreaDescription of General Property Conditions
Lyndhurst Planning Board
Property ID(Block/Lot)
Property Description ApplicableCriteria
Block 12 Lot 1 Parking area. e, hBlock 12 Lot 2
and Lot 3Vacant/Abandoned train stationpremises Trax Lounge. Township has
a leasehold interest.
b, e, h
Block 13 Lot 1 A residence recently acquired by theTownship.
b, e, h
Block 13 Lot 10and Lot 12
American Veterans Post #20. e, h
Block 13 Lot 11 Former Knights of Columbus building.Now the Jefferson School annex (K-8).Municipally owned.
e, h
Block 89 Lot 7 A construction company and twoapartments above.
e, h(elementsof b)
Block 89 Lot 8 Does not meet the criteria. n/aBlock 89 Lot 9 The Lincoln School. e, h(elementsof b)
Block 89 Lot 10 A commercial property. e, h(elementsof b)
6. The Property Tax Status of the Study Area.
Substantial evidence of underutilization or lack of proper
utilization of properties in the study area can be obtained after
conducting research on the nature of the property values, specifically tax
assessment(s).
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We have examined the tax assessment records of each property
and the potential redevelopment area. Chart 3, which follows, provides
the assessed value details and results of this analysis.
Chart 3Project Tomorrow
Analysis of Properties under Investigation by theLyndhurst Planning Board
Property ID(Block/Lot)
Tax Assessment Value-Tax Status (2008 $)Land Building Total
Block 12 Lot 1 357000 2200 359200 Tax Exempt-
ParkingBlock 12 Lot 2and Lot 3
149000 135200 284200 Tax Exempt-Vacant
Block 13 Lot 1 225000 249500 474500Block 13 Lot 10and Lot 12
185400 316400 501800 Tax Exempt
Block 13 Lot 11 248000 400400 648400 Tax ExemptBlock 89 Lot 7 86500 298300 384800Block 89 Lot 9 555800 1066300 1621100 Tax Exempt-
SchoolBlock 89 Lot 10 346500 144000 490500
As depicted in this Chart, of the eight (8) properties under study
only three have a taxable value; further only one, Block 89 Lot 7, has an
improvement (building) value significantly greater than the land value.
The location of tax exempt properties in a business area is
generally a poor use of land. The exceptions to this includes county seats
and major university settings. A medium size municipality such as
Lyndhurst, having an established business area and business zoningdistrict, should have schools located near the edge of residential areas or
parks. Once again this leads us to conclude that if there is a suitable
location to relocate these non-tax generating properties then the
business district(s) can used for what it is designed.
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7. Project Planning-Effort and Implementation.
While we intentionally stay away from suggesting specific
Redevelopment Plans in a redevelopment designation study, we recognize
that relocating a school and possibly other community facilities cannot
be accomplished in a vacuum.
The Township, in our discussion ofProject Tomorrow, identified
the Matera Field, located at Block 160, Lot 3.01 (281 Ridge Road). This
property is a 5.4 acre property that could handle the relocation of the tax
exempt properties included in this study. In our experience such a
planning effort can only be accomplished by the actions of the
municipality, school district and other willing property owners in the
area. We agree that this relocation and potential project appears
appropriate and deserves further research. A comprehensive and
coordinated approach is required to achieve this outcome and must be
part of the redevelopment planning process. Under such an approach,
the properties within the study area can be redeveloped in a coordinated
and planned manner to implement the comprehensive plans of the
Township of Lyndhurst while effectively contributing to the general
health and welfare of the Townships residents.
8-Final Recommendation
To summarize: the proposed area may be designated as an area in
need of redevelopment as described herein. Said designation is
consistent with criterion e and criterion h of the New Jersey LRHL and
will probably promote the development of the town center. Accordingly,
the designation of the properties as an area in need of redevelopment willeffectuate the implementation of the smart growth planning principles
adopted by the State Planning Commission in a manner recommended in
its SDRP. Accordingly, the properties in the (modified) study area meets
criterion h of the LRHL.
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This criterion 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.
For the reasons expressly set forth in this report, the
aforementioned eight (8) qualifying properties, as specifically identified in
Charts 2, and 3, qualify as an Area in Need of Redevelopment in
accordance with NJSA 40:12A-5. Upon hearing testimony from the
affected property owners, the Lyndhurst Planning Board should
recommend to the Township Board of Commissioners that the properties
identified in Chart 2 be formally designated in need of redevelopment.
Further, the Lyndhurst Planning Board should recommend to the
Township Board of Commissioners that Block 160, Lot 3.01, Matera
Field and the related Township property at 408 Ridge Road, be
designated an area in need of redevelopment for the purpose of allowing
the relocation (and upgrade) of the tax exempt properties included in the
Project Tomorrow Redevelopment Area, including the Lincoln School.
This will allow the Board of Commissioners to move forward with a
Redevelopment Plan, which among other things will provide that the
Lyndhurst town center at Ridge Road and Valley Brook Avenue, be
redeveloped consistent with sustainable planning principles.
We will continue our research until the scheduled January 13,
2010 Planning Board hearing. We look forward to moving Project
Tomorrow along to fruition.
Prepared by:
Benecke Econo m icsJanuary 3, 2010