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Redevelopment Study and Preliminary Investigation Report Redevelopment Study & Preliminary Investigation Report Township of Harmony Warren County, New Jersey September 16, 2009 Prepared by: 11 Tindall Road Middletown, NJ 07748 THE ORIGINAL OF THIS DOCUMENT HAS BEEN SIGNED AND SEALED IN ACCORDANCE WITH NEW JERSEY LAW ___________________________ Stan Slachetka, PP, AICP New Jersey Professional Planner License No.: LI-03508 H:\HTLU\00010\Calculations & Reports\Harmony Township Redevelopment Study Area Preliminary Study.Doc

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Page 1: Redevelopment Study Preliminary Investigation Report · Redevelopment Study and Preliminary Investigation Report 1 INTRODUCTION The purpose of this report is to determine whether

Redevelopment Study and Preliminary Investigation Report

Redevelopment Study &

Preliminary Investigation Report

Township of Harmony Warren County, New Jersey

September 16, 2009

Prepared by:

11 Tindall Road Middletown, NJ 07748

THE ORIGINAL OF THIS DOCUMENT HAS BEEN SIGNED

AND SEALED IN ACCORDANCE WITH NEW JERSEY LAW

___________________________

Stan Slachetka, PP, AICP New Jersey Professional Planner

License No.: LI-03508

H:\HTLU\00010\Calculations & Reports\Harmony Township Redevelopment Study Area Preliminary Study.Doc

Page 2: Redevelopment Study Preliminary Investigation Report · Redevelopment Study and Preliminary Investigation Report 1 INTRODUCTION The purpose of this report is to determine whether

Redevelopment Study and Preliminary Investigation Report

TABLE OF CONTENTS

Introduction 1 Study Area Description 4 Zoning 10 Master Plan 21 Warren County Strategic Growth Plan 22 Highlands Master Plan 23 Redevelopment Area Criteria 24 Redevelopment Analysis 26 Conclusion 26

LIST OF FIGURES Figure Page

1 Redevelopment Study Area Map—Parcels 2

2 Redevelopment Study Area—Aerial Photograph 3

3 Existing Land Use Map 6

4 Environmental Constraints Map 9

5 Zoning Map 20

6 Findings 28

APPENDICES

A Individual Property Evaluation Sheets 29

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INTRODUCTION

The purpose of this report is to determine whether or not certain properties in the Township of Harmony

qualify as an area in need of redevelopment as defined in the Local Redevelopment and Housing Law,

P.L.1992, Chapter 79 (the “LRHL”). The Study Area is shown on the accompanying Study Area mapping

(See Figures 1 and 2.) and includes the following tax parcels:

− Block 39, lots 4 and 27

− Block 43, lots 26, 37, 38, and 39

− Block 44, lots 2, 5, 7, 8, 21, 21.01, 21.02, 22, 23, 23.01, 24, 25, and 26

This report is written pursuant to Section 6 of the LRHL (N.J.S.A. 40A:12A-6a), which states the

following:

No area of a municipality shall be determined to be 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.

The Council of the Township of Harmony adopted a resolution requesting that the Land Use Board

undertake a preliminary investigation as to whether or not the Study Area qualifies as an area in need of

redevelopment pursuant to the LRHL.

This report serves as the “statement setting forth the basis for the investigation,” which is required by the

LRHL [N.J.S.A. 40:12A-6b(1)]. In accordance with N.J.S.A. 40:12A-6b(5):

After completing its hearing on this matter, the planning board shall recommend that the delineated area, or any part thereof, be determined, or not be determined, by the municipal governing body to be a redevelopment area. After receiving the recommendation of the planning board, the municipal governing body may adopt a resolution determining that the delineated area, or any part thereof, is in need of redevelopment.

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STUDY AREA DESCRIPTION Properties Located in the Study Area The Study Area consists of a total of 18 parcels located in western portion of the Township of

Harmony. The Study Area has frontage on Railroad Avenue, Broad Street/Brainards Road, Trans Mix

Road, Garrison Road, Garrison River Road, Davidson Lane and Third Street. The lots in the Study

Area are listed on the official tax map of the Township as:

− Block 39, lots 4 and 27

− Block 43, lots 26, 37, 38, and 39

− Block 44, lots 2, 5, 7, 8, 21, 21.01, 21.02, 22, 23, 23.01, 24, 25, and 26

A description of these properties and how they meet the statutory criteria is provided in Appendix A.

Existing Land Uses1

The existing land uses within the study are varied, and can be described as agricultural, residential,

vacant, public, commercial and industrial. These uses are mapped in Figure 3 and described in the

following sections:

Agricultural: Agricultural uses predominate the Study Area. They include: Block 39, Lot 4;

Block 43, Lot 26; Block 44, Lot 5; Block 44, Lot 7; Block 44, Lot 8; Block 44, Lot 21; Block

44, Lot 21.01; Block 44, Lot 21.02; Block 44, Lot 22; Block 44, Lot 23; Block 44, Lot 24;

Block 44, Lot 25; Block 44, Lot 26.

Residential: Residential structures are located on the following parcels: Block 43, Lot 37; and

Block 44, Lot 2.

Public: Block 39, Lot 27; Block 43, Lot 38; Block 43, Lot 39 are Township-owned parcels

within the Study Area.

Commercial: Block 44, Lot 26 is the only property within the Study Area classified as a

commercial property.

1 Existing Land Uses within the Study Area have been determined using MOD-IV Data. In the case of certain properties, MOD-IV data may not indicate the existing use of a property. These cases have been noted on the individual property information sheets contained in Appendix A.

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Industrial: Block 44, Lot 23.01 is the only parcel used for industrial purposes within the Study

Area.

With regard to surrounding land uses, it is noted that single family residential development and

agricultural uses predominate the areas to the north, south, and east of the Study Area. The Delaware

River and the Commonwealth of Pennsylvania are located to the west of the Study Area.

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Environmental Constraints

As shown in Figure 4, the properties in the Study Area are located outside of the 100-year flood hazard

area and contain no freshwater wetlands as mapped by the NJDEP. However, the western border of the

Study Area is contained within a Bald Eagle foraging area as mapped within the NJDEP Landscape

Project.2 This is consistent with the Study Area’s location in a predominantly rural area along the

Delaware River.

The Study Area contains one (1) site that is listed on the NJDEP’s most recent (2005) known

contaminated site list (KCSL). (See Figure 4) This site is referenced as Site Number 36994 on the

KCSL, and is located on Block 43, Lot 38 (a.k.a., “Witco Corporation”)3. This site is known to be a

point of release of contaminants, which has resulted in the contamination of groundwater, soils, and

air. T&M Associates completed an open public records request (OPRA) for the Witco Corporation

site and conducted a review of all files related to the site. NJDEP records indicate that the primary

contaminants of concern on-site are chlorinated VOCs (i.e., PCE, TCE, vinyl chloride, and chloroform,

among other contaminants). In addition, the site exhibits soil contamination in the form of PCBs. The

contaminants on-site are known carcinogens, and therefore, are hazardous to public health, safety, and

welfare.

In addition to the known contamination present on the Witco site, there are three additional sites once

used for industrial activity that either have been or are in the process of being remediated. Block 44,

Lot 23.01 contained a sludge processing facility that received and subsequently converted sewage

sludge into fertilizer for agricultural uses. However, this business went bankrupt, and a cleanup of the

site was conducted by Tully Environmental.

Block 44, Lot 26 contains several capped chemical detention basins, as well as a capped landfill on a

site formerly used for chemical manufacturing. The chemical detention basins and landfill were closed

and capped in accordance with NJDEP regulations.

Based on a review of NJDEP records, Block 44, Lot 24 was used as an unlicensed landfill that

disposed of vehicles, rubbish, and construction debris illegally on-site. Subsequent to using the site as

2 NJ DEP Landscape Project Version 2.1 - http://www.nj.gov/dep/gis/landscape.html 3 NJDEP Case #94-01-04-1429.

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an unlicensed landfill, the site was leased to a company called Wildcat Express. Wildcat Express was

a licensed Class B Recycling Facility. However, investigations into the company’s operations

revealed that Wildcat Express was also conducting illegal dumping on the site4. Wildcat Express has

since declared bankruptcy and has been ordered to clean the site. However, it is unclear whether the

site has been completely remediated in accordance with the order of the Superior Court of the State of

New Jersey.

Finally, because the Study Area is a predominantly agricultural area, there may be points of pesticide

contamination within the Study Area. However, the presence and extent of pesticide contamination

within the Study Area is unknown at this time.

4 NJDEP Administrative Order to Robert L. Shandor, Sr., April 23, 2001.

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ZONING

The Study Area is located within the AR-250 (Agricultural/Residential), I-1 (Industrial), LI-O (Light

Industrial/Office), and R-150 (Residential) zone districts (See Figure 5). The northerly portion of the

Study Area is located within the AR-250 and R-150 zones, while the southerly portion of the Study

Area is located within the I-1 and LI-O zones.

AR-250 (Agricultural/Residential) District According to the Harmony Township Land Use Ordinance, permitted principal uses in the AR-250

Zone are farms and single-family dwellings. Permitted principal uses subject to site plan review are

municipal buildings, parks, playgrounds and recreation areas deemed necessary and appropriate by the

Township, and public and non-profit private schools. Permitted accessory uses include private

garages, customary residential storage structures, animal shelters for not more than five domestic pets

of the household, other customary residential structures such as private swimming pools. Fireplaces,

trellises, lampposts and other similar structures, customary farm buildings for the housing of livestock

and storage of farm products or equipment located on the same parcel as the principal use (farms only),

and signs in accordance with Article VI of the Township Development Regulations. Permitted

conditional uses include public and semipublic buildings (e.g. libraries, museums, other private

schools, nonprofit recreation clubs, eleemosynary uses and other nonprofit uses, churches and other

places of worship, home occupation uses, home professional offices, lots size reduction and cluster

residential development. The bulk and yard requirements for the district are listed in the following

table:

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Table 1: AR-250 District Requirements Regulation Required

Farms Single-Family Dwellings and

Home Professional/Home Occupation

Single-Family Dwellings prior to

12/31/04

Public Buildings and

Facilities

Other Public and Semi-Public

Buildings and Churches

Cluster – Open

(60 Acres Min)

Cluster – Wooded (60 acres min.)

Minimum Lot Area (Acres)

5

3

2.5

5

5

2

2.5

Lot Width (ft.))

500 250 175 300 300 175 175

Lot Coverage 5% 10% 15% 20% 20% 15% 15%

Maximum Building Height (ft.) 35 35 35 35 35 35 35

Maximum Building Height (stories) 2.5 2.5 2.5 2.5 2.5 2.5 2.5

Front Yard Setback (ft.) 75 75 50 75 75 50 50

Side Yard Setback – One Side (ft.) 50 50 25 40 40 25 25

Side Yard Setback – Both Sides (ft.) 100 60 60 100 100 60 60

Rear Yard Setback (ft.) 75 50 50 75 75 50 50

Side Yard Setback (Accessory) (ft.) 40 10 10 40 40 10 10

Rear Yard Setback (Accessory) (ft.) 40 10 10 40 40 10 10

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I-1 (Industrial) District The Study Area is primarily located within the I-1 Zone. According to the Harmony Township Land

Use Ordinance, permitted principal uses in the I-1 Zone are farms and single-family dwellings when

used as the dwelling house for a farm. Permitted principal uses subject to site plan review are

industrial/light industrial/business offices, warehouse and distribution centers, retail business and

personal service establishments as permitted in the Residential-Historic Business (R-HB) zone

provided that they are related to goods or service to the industrial establishment or their employees,

industrial park development, municipal buildings, public schools and non-profit private schools, parks,

playgrounds, and recreation areas deemed necessary and appropriate by the Township. Permitted

accessory uses include customary farm buildings for the housing of livestock and storage of farm

products or equipment located on the same parcel as the principal use (farms only), signs in

accordance with Article VI of the Township Development Regulations, off-street parking in

accordance with Article V of the Township Development Regulations, private garages for the storage

of business vehicles used in conjunction with a permitted business use, and facilities and services

which are essential to the operation of a permitted use. Permitted conditional uses include Public and

semipublic buildings such as libraries, museums, other private schools, nonprofit recreation clubs,

eleemosynary uses and other nonprofit uses, churches and other places of worship, and service

stations. The bulk and yard requirements for the district are listed in the following table:

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Table4: I-1 District Requirements Regulation Required

Farms

Single-Family

Dwellings When

Used as the

Dwelling House for

a Farm

Industrial/Light Industrial/Business

Offices

Warehouse and

Distribution Centers

Retail Business and

Personal Service

Establishments

Industrial Park Development

Public Buildings

and Facilities Pursuant to §165-17B(6)

Public Buildings and Facilities,

churches, clubs, etc. to §165-17D

Service Stations

External Tract

Internal Components

Minimum Lot Area (Acres)

5 2.5 5 5 2.5 15 2.5 6 5 2

Lot Width (ft.)

500 175 400 400 200 500 200 300 300 200

Lot Coverage 5% 15% 30% 30% 30% 20% 25% 20% 20% 20%

Maximum Building Height (ft.)

35 35 45 45 35 45 45 35 35 25

Maximum Building Height (stories)

2.5 2.5 3 3 2.5 3 3 2.5 2.5 1

Front Yard Setback (ft.)

75 50 100 100 75 100 50 75 70 40

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Side Yard Setback – One Side (ft.)

50 25 60 60 40 60 40 40 40 20

Side Yard Setback – Both Sides (ft.)

100 60 150 150 80 150 80 100 80 40

Rear Yard Setback (ft.)

75 50 50 50 60 50 50 75 60 20

Side Yard Setback (Accessory) (ft.)

40 10 40 40 40 40 20 40 40 10

Rear Yard Setback (Accessory) (ft.)

40 10 40 40 40 40 20 40 40 10

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LI-O (Light Industrial/Office) District Three of the properties in the Study Area (Block 44, Lots 7, 8, and 23) are located within the LI-O

Light Industrial Office District. According to the Harmony Township Land Use Ordinance, permitted

principal uses in the LI-O Zone are farms and single-family dwellings when used as the dwelling

house for a farm. Permitted principal uses subject to site plan review are light industrial/business

offices, professional offices, offices and municipal buildings, public schools and non-profit private

schools, parks, playgrounds and recreation areas deemed necessary and appropriate by the Township.

Permitted accessory uses include private garages, customary residential storage structures, animal

shelters for not more than five domestic pets of the household, other customary residential structures,

such as private swimming pools, fireplaces, trellises, lampposts and other similar structures, customary

farm buildings for the housing of livestock and storage of farm products or equipment located on the

same parcel as the principal use (farms only), signs in accordance with Article VI of the Township

Development Regulations, off-street parking in accordance with Article V of the Township

Development Regulations, private garage space for the storage of business vehicles used in

conjunction with a permitted business use, and facilities and services which are essential to the

operation of a permitted use. Conditional uses include public and semipublic buildings such as

libraries, museums, other private schools, nonprofit recreation clubs, eleemosynary uses and other

nonprofit uses, and churches and other similar places of worship. The bulk and yard requirements for

the district are listed in the following table:

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Table4: LI-O District Requirements Regulation Required

Farms Single-Family Dwellings

When Used as the Dwelling House for a Farm

Light Industrial/Business

Offices

Professional Offices Offices

Public Buildings and Facilities

Other Public and Semi-Public Buildings

and Churches

Minimum Lot Area (Acres) 5 2.5 5 4 4 6 5

Lot Width (ft.))

500 175 400 400 400 300 300

Lot Coverage 5% 15% 30% 30% 30% 20% 20%

Maximum Building Height (ft.)

35 35 45 45 45 35 35

Maximum Building Height (stories)

2.5 2.5 3 3 3 2.5 2.5

Front Yard Setback (ft.) 75 50 100 100 100 75 70

Side Yard Setback – One Side (ft.) 50 25 60 60 60 40 40

Side Yard Setback – Both Sides (ft.) 100 60 150 150 150 100 80

Rear Yard Setback (ft.) 75 50 50 50 50 75 60

Side Yard Setback (Accessory) (ft.) 40 10 40 40 40 40 40

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Rear Yard Setback (Accessory) (ft.) 40 10 40 40 40 40 40

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R-150 (Residential) District A small portion of the Study Area, near the Village of Brainards, is located in the R-150

Residential District. According to the Harmony Township Land Use Ordinance,

permitted principal uses in the R-150 Zone are farms and single-family dwellings.

Permitted principal uses subject to site plan review are light municipal buildings, parks,

playgrounds and recreation areas deemed necessary and appropriate by the Township,

and public and non-profit private schools. Permitted accessory uses include private

garages, customary residential storage structures, other customary residential structures

such as private swimming pools, fireplaces, trellises, lampposts and other similar

structures, signs in accordance with Article VI of the Township Development

Regulations, off-street parking in accordance with Article V of the Township

Development Regulations, and home offices. Conditional include public and semipublic

buildings such as libraries, museums, other private schools, nonprofit recreation clubs,

eleemosynary uses and other nonprofit uses, churches and other places of worship, home

occupation uses, home professional offices, lot size reduction, and cluster residential

development. The bulk and yard requirements for the district are listed in the following

table:

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Table 5: R-150 District Requirements Regulation Required

Farms Single-Family Dwellings and Home Professional/Home Occupation

Single-Family Dwellings prior to

12/31/04

Public Buildings and Facilities

Other Public and Semi-Public Buildings and Churches

Minimum Lot Area (Acres) 5 20,000 sq. ft. 20, 000 sq. ft. 5 5

Lot Width (ft.))

500 100 100 300 300

Lot Coverage 5% 25% 25% 20% 20%

Maximum Building Height (ft.) 35 35 35 35 35

Maximum Building Height (stories) 2.5 2.5 2.5 2.5 2.5

Front Yard Setback (ft.) 75 40 40 75 75

Side Yard Setback – One Side (ft.) 50 25 15 40 40

Side Yard Setback – Both Sides (ft.) 100 60 30 100 100

Rear Yard Setback (ft.) 75 50 35 75 75

Side Yard Setback (Accessory) (ft.) 40 10 10 40 40

Rear Yard Setback (Accessory) (ft.) 40 10 10 40 40

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MASTER PLAN

The Township’s Master Plan was adopted in June 2004. The Master Plan contains

language that supports the preservation of the Township’s natural resources, farmland,

and predominantly rural character:

It is recognized that Harmony Township is a rural-

agricultural municipality. Its character is defined by open

space, woodlands, farms, homes on spacious lots, and

historic hamlets. It is also blessed with the distinctive

environmental resources of productive farmland, high

yielding water resources, unique vistas, varied topography,

and high quality streams and river. The basic goal of the

Master Plan is to maintain, to the maximum extent feasible,

this land use character (Goals-2).

Additionally, the Township’s Master Plan indicates that:

The natural features and land forms of Harmony Township

have greatly influenced the area’s past development patterns

and will undoubtedly continue to be a significant factor in

any future growth. Physical characteristics such as geology,

topography, soil composition, drainage patterns and

floodplains play an important role in the determination of the

location and type of development suitable for the

municipality…Combined with the other Master Plan

elements, environmental features greatly influence

development patterns (Conservation Element 1).

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With regards to the land within the Study Area, the Township Master Plan seeks to

maintain existing residential densities and development patterns within the Township,

especially within residential areas (Land Use-11). With regards to light industrial uses in

the Township, the plan seeks to limit impact of uses that may generate obnoxious or

undesirable characteristics such as noise, groundwater or air pollution, dust, odor, etc. In

addition, the Township Master Plan suggests enacting safeguards to ensure that new

industrial uses are proposed in former quarry areas, to ensure appropriate redevelopment

of these sites (Land Use-11). The Township Master Plan suggests uses such as office

complexes, small, light industrial parks, medical facilities, research and development,

industrial assembly, and manufacturing.

WARREN COUNTY STRATEGIC GROWTH PLAN

The Warren County Strategic Growth Plan, adopted in 2005, is intended to provide

policy guidance for local plans, guide future investment in the County’s transportation

network, ensure that adequate public facilities exist and to accommodate growth where it

can be best coordinated. The following are goals of the Warren County Strategic Growth

Plan:

1. Preserve and enhance rural character as well as agricultural, natural,

environmental, historic and open space resources and provide incentives to

achieve this goal.

2. Focus growth in existing center and provide financial incentives to local

government, school districts and developers to achieve this goal.

3. Protect and enhance water quality and quantity.

4. Maintain and improve the existing transportation system to provide safe and

efficient mobility and access.

5. Provide safe and efficient alternative modes of transportation to reduce auto

dependence.

6. Improve public infrastructure to support existing centers.

7. Encourage desirable development that provides local employment opportunities in

existing centers.

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8. Increase educational and cultural opportunities

9. Promote inter-municipal, county and state cooperation

10. Encourage state legislation to provide localities more control over growth.

11. Ensure that benefits and costs of plan implementation are shared equitably among

all residents, landowners and businesses in Warren County.

12. Provide a mix of housing types

HIGHLANDS MASTER PLAN

In 2004, the New Jersey State Legislature enacted the Highlands Water Protection and

Planning Act in an effort to preserve the abundant natural resources of the region. The

Highlands Act

seeks to protect the Region’s public trust resources through a “comprehensive

approach,” including the immediate imposition of stringent water and natural

resource standards in the Preservation Area, a reorganization of the land use

powers to emphasize regional planning for the entire Highlands Region, and a

“strong and significant commitment of the State to fund the acquisition of

exception natural resource value lands” (11).

Through the passage of the Highlands Act, the New Jersey Highlands Water Protection

and Planning Council (Highlands Council) was created with the task of developing a

Regional Master Plan to restore and enhance the significant values of the abundant and

critical resources of the Highlands Region.

The Preservation Area consists of nearly 415,000 acres located in 52 municipalities

within the seven Highlands Counties, and the Planning Area consists of nearly 445,000

acres located in 83 municipalities. Harmony Township contains a total of 15,405 acres

within the Highlands Planning and Preservation Areas – 7,018 acres are contained within

the Highlands Planning Area, and 8,387 acres are contained within the Highlands

Preservation Area. The Study Area is located entirely within the Highlands Planning

Area.

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REDEVELOPMENT AREA CRITERIA

Pursuant to Section 5 of the LRHL (N.J.S.A. 40A:12A-5), an area may be determined to

be in need of redevelopment if it 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.

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 adoption of the resolution, and that by

reason of its location, remoteness, lack of means of access to developed sections or

portions of the municipality, or 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 the real property therein or other conditions, resulting

in a stagnant or 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 the action of storm, fire,

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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, c.441 (C.40A:21-1 et seq.). The

municipality shall not utilize any other redevelopment powers within the urban

enterprise zone unless the municipal governing body and planning board have also

taken the actions and fulfilled the requirements prescribed in P.L.1992, c.79

(C.40A:12A-1 et al.) for determining that the area is in need of redevelopment or an

area in need of rehabilitation and the municipal governing body has adopted a

redevelopment plan ordinance including the area of the enterprise zone.

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 (N.J.S.A. 40A:12A-3.).

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REDEVELOPMENT ANALYSIS

A careful analysis of the Study Area’s existing land use, site layout, and physical

characteristics was conducted using tax records, statewide Geographic Information

System (GIS) data, information provided by the Township, and visual field inspections

for each property. The analysis indicates that seven of the 19 properties in the Study Area

meet one or more of the criteria specified in Section 5 of the LRHL and may be

designated in need of redevelopment. Together, these properties constitute

approximately one half of the land area of the Study Area. In addition, one property

(Block 39, Lot 4) is needed for the effective redevelopment of the area. More detailed

site descriptions and the results of this analysis are presented in the accompanying

property analysis sheets in Appendix A.

CONCLUSION Based on the preliminary investigation and analysis described above and detailed in the

accompanying Property Analysis Sheets in Appendix A, the following properties in the

Study Area either meet the criteria specified in Section 5 of the LRHL and may be

designated in need of redevelopment or are needed for the effective redevelopment of the

area:

In Need of Redevelopment

• Block 39, Lot 27

• Block 43, Lot 38

• Block 43, Lot 39

• Block 44, Lot 21.01

• Block 44, Lot 23.01

• Block 44, Lot 24

• Block 44, Lot 26

Needed for the Effective Redevelopment of the Area

• Block 39, Lot 4

These recommendations are shown in the accompanying Findings Map (Figure 6).

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Appendix A:

Property Analysis Sheets

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Township of Harmony Redevelopment Study

Block: 39 Lot: 4 Use: Agricultural

Owner’s Name: Petrilak, Stephen & John Zoning District: AR-250

Property Location: Brainards Road Area: 19.68 Acres

Improvement to Land Ratio: 0.00 Owner’s Address: 99 Brainards Road Phillipsburg, NJ 08865 Assessed Value (Total): $13,000

Continued on next page…

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Continued from previous page…

Condition: This property contains a field that is used for agricultural operations.

Redevelopment Criteria Met:

A: Substandard, unsafe, unsanitary, dilapidated, or obsolete buildings The property does not contain any buildings. Therefore the ‘a’ criteria is not applicable.

B: Discontinuance/abandonment of commercial or industrial buildings The property is not an abandoned industrial or commercial building. Therefore, the ‘b’criteria is not applicable.

C: Unimproved land/municipally-owned land The property is used as farmland, and , therefore, does not constitute vacant land. Therefore, the ‘c’ criteria is not applicable.

D: Areas with dilapidation, overcrowding, faulty arrangement or design, obsolete layout, deleterious land use There are no stie improvements to the property. Therefore, the ‘d’ criteria is not applicable.

E: Growing or total lack of proper utilization No evidence exists to indicate property ownership or title problems or similar conditions that would lead to a stagnant and unproductive condition. Therefore, there is no substantial evidence that the ‘e’ criteria of the statute is met.

The ‘F’, ‘G’, and ‘H’ Criteria are not relevant.

Status: The property does not meet the statutory requirements to be determined in need of redevelopment. However, a portion of the property may be necessary for the effective redevelopment of the area to provide access to Block 39, Lot 27, which is in need of redevelopment.

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Township of Harmony Redevelopment Study Block: 39 Lot: 27 Use: Public5

Owner’s Name: Harmony Township Zoning District: AR-250

Property Location: Brainards Area: 37 acres

Improvement to Land Ratio: 0.00 Owner’s Address: 3003 Belvidere Road Phillipsburg, NJ 08865

Assessed Value (Total): $430,000

Continued on next page…

5 Although the property was formerly used as a quarry (an industrial use), MOD-IV data classifies the property as class 15C (public property) due to its current ownership. For the purposes of this analysis, the property has been classified as public property.

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Continued from previous page…

Bird’s eye view of southerly portion of Block 39, Lot 27, looking north from River Road.

Bird’s eye view of the northerly portion of Block 39, Lot 27, looking north from center of property.

Continued on next page…

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Continued from previous page…

Condition: This property was formerly owned by Trans-Mix, and has been acquired by the Township. Prior to acquisition of the property by the Township, Trans-Mix operated a quarry on the site. The property contains two buildings that were used as part of the Trans-Mix quarry operation that are now vacant. Additionally, the topography of the property has been altered significantly as a result of the Trans-Mix operation. There are two quarry pits on-site, each of which are approximately 25 feet in depth. The property has limited frontage on River Road and is accessed by a narrow, unimproved access road.

Redevelopment Criteria Met:

A: Substandard, unsafe, unsanitary, dilapidated, or obsolete buildings There are two buildings on-site that were abandoned along with the former quarry operation. Further investigation will be needed to determine whether the existing buildings are substandard, unsafe, unsanitary, or dilapidated. Pending further investigation on the condition of these buildings, the property does not meet the ‘a’ criteria.

B: Discontinuance/abandonment of commercial or industrial buildings The two buildings on-site were abandoned subsequent to the discontinuance of the former quarry operation. Therefore, the ‘b’ criteria is applicable.

C: Unimproved land/municipally-owned land Subsequent to the discontinuance of the property as an active quarry, the property was acquired by Harmony Township. Due to the extent of altered topography on-site, especially with regards to the two pits located on the site and limited site access, the site is unlikely to be developed through the instrumentality of private capital. Therefore, the ‘c’ criteria is applicable.

D: Areas with dilapidation, overcrowding, faulty arrangement or design, obsolete layout, deleterious land use The condition of the existing buildings on the property cannot be determined through aerial photography or off-site inspection of the property. However, the property does exhibit faulty arrangement and/or design, and exhibits an obsolete layout due to the prior quarry operation and its impact on the topography of the site and its limited access. Therefore, the site meets the ‘d’ criteria of the statute.

E: Growing or total lack of proper utilization No evidence exists to indicate property ownership or title problems or similar conditions that would lead to a stagnant and unproductive condition. Therefore, there is no substantial evidence that the ‘e’ criteria of the statute is met.

The ‘F’, ‘G’, and ‘H’ Criteria are not relevant.

Status: The property meets the statutory requirements necessary to be determined in need of redevelopment.

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Township of Harmony Redevelopment Study

Block: 43 Lot: 26 Use: Agricultural

Owner’s Name: Petrilak, Stephen & John Zoning District: I-1

Property Location: River Road Area: 18.65

Improvement to Land Ratio: 0.00 Owner’s Address: 99 Brainards Road Phillipsburg, NJ 08865

Assessed Value (Total): $12,300

Continued on next page…

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Continued from previous page…

Condition: This property is a field used for agricultural purposes.

Redevelopment Criteria Met:

A: Substandard, unsafe, unsanitary, dilapidated, or obsolete buildings The property does not contain any buildings. Therefore the ‘a’ criteria is not applicable.

B: Discontinuance/abandonment of commercial or industrial buildings The property is not an abandoned industrial or commercial building. Therefore, the ‘b’criteria is not applicable.

C: Unimproved land/municipally-owned land The property is used as farmland, and, therefore the ‘c’ criteria is not applicable.

D: Areas with dilapidation, overcrowding, faulty arrangement or design, obsolete layout, deleterious land use There are no improvements on the property. Therefore, the ‘d’ criteria is not applicable.

E: Growing or total lack of proper utilization No evidence exists to indicate property ownership or title problems or similar conditions that would lead to a stagnant and unproductive condition. Therefore, there is no substantial evidence that the ‘e’ criteria of the statute is met.

The ‘F’, ‘G’, and ‘H’ Criteria are not relevant.

Status: The property does not meet the statutory requirements to be determined in need of redevelopment.

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Township of Harmony Redevelopment Study Block: 43 Lot: 37 Use: Residential

Owner’s Name: Cathers, William F. & Carol Lee Zoning District: I-1

Property Location: River Road Area: 7.91 acres

Improvement to Land Ratio: 2.83 Owner’s Address: 2571 River Road Phillipsburg, NJ 08865

Assessed Value (Total): $380,900

Continued on next page…

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Continued from previous page…

Bird’s eye view of Block 43, Lot 37, looking west.

Bird’s eye view of Block 43, Lot 37, looking north. Continued on next page…

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Continued from previous page…

Condition: This property contains a single-family residence and several outbuildings that appear to be used for storage purposes. Additionally, there appears to be heavy equipment and building materials stored on-site. The residence and outbuildings are located towards the rear of the site, and appear to be in good condition.

Redevelopment Criteria Met:

A: Substandard, unsafe, unsanitary, dilapidated, or obsolete buildings The existing buildings on the property appear to be fully utilized. No evidence is available indicating deterioration or dilapidation. Therefore the ‘a’ criteria is not applicable.

B: Discontinuance/abandonment of commercial or industrial buildings The property is not an abandoned industrial or commercial use. Therefore, the ‘b’criteria is not applicable.

C: Unimproved land/municipally-owned land The property is privately-owned and contains several improvements, including a single-family home. Therefore, the ‘c’ criteria is not applicable.

D: Areas with dilapidation, overcrowding, faulty arrangement or design, obsolete layout, deleterious land use The property does not exhibit overcrowding, faulty arrangement or design, obsolete layout, or deleterious land use. Therefore, the ‘d’ criteria is not applicable.

E: Growing or total lack of proper utilization No evidence exists to indicate property ownership or title problems or similar conditions that would lead to a stagnant and unproductive condition. Therefore, there is no substantial evidence that the ‘e’ criteria of the statute is met.

The ‘F’, ‘G’, and ‘H’ Criteria are not relevant.

Status: The property does not meet the statutory requirements to be determined in need of redevelopment.

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Township of Harmony Redevelopment Study Block: 43 Lot: 38 Use: Public6

Owner’s Name: Harmony Township Zoning District: I-1

Property Location: River Road Area: 15 acres

Improvement to Land Ratio: 1.67 Owner’s Address: 3003 Belvidere Road Phillipsburg, NJ 08865

Assessed Value (Total): $560,700

Continued on next page…

6 Although the property was formerly used as a chemical manufacturing facility (an industrial use), MOD-IV data classifies the property as class 15C (public property) due to its current ownership. For the purposes of this analysis, the property has been classified as public property.

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Continued from previous page…

Southern façade of abandoned industrial building.

View of Block 43, Lot 38 looking northwest.

Continued on next page…

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Continued from previous page…

Overgrown parking area and abandoned industrial building, looking north.

Fencing, overgrown parking area, and abandoned industrial building, looking north.

Overgrown parking area and debris, looking south. Overgrown parking area and debris, looking southwest.

Continued on next page…

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Continued from previous page…

Condition: This property is the former location of the Witco Chemical Corporation. The property has since been acquired by the Township and is currently vacant. The property contains an abandoned industrial building that formerly housed Witco’s manufacturing operation, as well as an associated driveway and parking areas. The property is substantially overgrown, and the abandoned building and associated site improvements exhibit signs of dilapidation. Additionally, there is extensive soil and groundwater contamination on the site and the site will require extensive cleanup.

Redevelopment Criteria Met:

A: Substandard, unsafe, unsanitary, dilapidated, or obsolete buildings The existing building on the property has fallen into disrepair, and appears to be structurally unsafe, based on external inspection. Therefore, this property meets the ‘a’ criteria.

B: Discontinuance/abandonment of commercial or industrial buildings This property was formerly used for an industrial use that has since been abandoned. Therefore, this property meets the ‘b’ criteria.

C: Unimproved land/municipally-owned land The property contains several improvements that have fallen into varying states of disrepair since the discontinuance of the chemical manufacturing business that took place on the property. The property has since been acquired by the Township. Additionally, the property is not likely to be redeveloped by private capital due to the extent of groundwater and soil contamination on the site. Therefore, the property meets the ‘c’ criteria.

D: Areas with dilapidation, overcrowding, faulty arrangement or design, obsolete layout, deleterious land use The extent of chemical contamination on the property, coupled with the state of disrepair of the existing building on the site represent conditions that are detrimental to the safety, health, and welfare of the Township. Therefore, the property meets the ‘d’ criteria.

E: Growing or total lack of proper utilization No evidence exists to indicate property ownership or title problems or similar conditions that would lead to a stagnant and unproductive condition. Therefore, there is no substantial evidence that the ‘e’ criteria of the statute is met.

The ‘F’, ‘G’, and ‘H’ Criteria are not relevant.

Status: The property meets the statutory requirements to be determined in need of redevelopment.

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Township of Harmony Redevelopment Study Block: 43 Lot: 39 Use: Public7

Owner’s Name: Harmony Township Zoning District: I-1

Property Location: River Road Area: 17.01 acres

Improvement to Land Ratio: 0.00 Owner’s Address: 3003 Belvidere Road Phillipsburg, NJ 08865

Assessed Value (Total): $129,400

Continued on next page…

7 Although the property is vacant, MOD-IV data classifies the property as class 15C (public property). For the purposes of this analysis, the property has been classified as public property.

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Continued from previous page…

Condition: This property is an undeveloped parcel located between River Road and the Norfolk Southern Railroad. Much of the property is heavily wooded; however, there are some portions of the property that are covered predominantly by grass. The property contains no structures, and much of the southerly portion of the property contains steep slopes.

Redevelopment Criteria Met:

A: Substandard, unsafe, unsanitary, dilapidated, or obsolete buildings The property does not contain any buildings. Therefore the ‘a’ criteria is not applicable.

B: Discontinuance/abandonment of commercial or industrial buildings The property is not an abandoned industrial or commercial property. Therefore, the ‘b’criteria is not applicable.

C: Unimproved land/municipally-owned land The property is owned by the Township, and has remained vacant for more than ten years. The property, especially the southerly portion, contains steep slopes, making the property difficult to develop, especially through private capital. Therefore, the ‘c’ criteria is applicable.

D: Areas with dilapidation, overcrowding, faulty arrangement or design, obsolete layout, deleterious land use There are no improvements to the property. Therefore, the ‘d’ criteria is not applicable.

E: Growing or total lack of proper utilization No evidence exists to indicate property ownership or title problems or similar conditions that would lead to a stagnant and unproductive condition. Therefore, there is no substantial evidence that the ‘e’ criteria of the statute is met.

The ‘F’, ‘G’, and ‘H’ Criteria are not relevant.

Status: The property meets the statutory requirements to be determined in need of redevelopment.

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Township of Harmony Redevelopment Study Block: 44 Lot: 2 Use: Residential

Owner’s Name: Peterson, Jessica Zoning District: R-150

Property Location: Fourth Avenue Area: 0.51 acres

Improvement to Land Ratio: 3.09 Owner’s Address: 30 Mountain Lake Road Belvidere, NJ 07823

Assessed Value (Total): $164,500

Continued on next page…

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Continued from previous page… Condition: This property is a single-family residence located on River Road in close proximity to the Hamlet of Brainards.

The residence and property appear to be well-maintained and in good condition. The property also contains a detached garage located adjacent to the westerly property line. It does not appear that the property contains any additional uses.

Redevelopment Criteria Met:

A: Substandard, unsafe, unsanitary, dilapidated, or obsolete buildings The buildings on the property appear to be in good repair. Therefore the ‘a’ criteria is not applicable.

B: Discontinuance/abandonment of commercial or industrial buildings The property does not contain any abandoned industrial or commercial building. Therefore, the ‘b’criteria is not applicable.

C: Unimproved land/municipally-owned land The property is developed and not unimproved vacant land. Therefore, the property does not meet the ‘c’ criteria of the statute.

D: Areas with dilapidation, overcrowding, faulty arrangement or design, obsolete layout, deleterious land use The property is generally in good condition, and is well-maintained. There does not appear to be any signs of dilapidation, overcrowding, faulty arrangement or design, obsolete layout, or deleterious land use. Therefore, there is no evidence that the ‘d’ criteria of the statute is met.

E: Growing or total lack of proper utilization No evidence exists to indicate property ownership or title problems or similar conditions that would lead to a stagnant and unproductive condition. Therefore, there is no substantial evidence that the ‘e’ criteria of the statute is met.

The ‘F’, ‘G’, and ‘H’ Criteria are not relevant.

Status: The property does not meet the statutory requirements to be determined in need of redevelopment.

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Township of Harmony Redevelopment Study Block: 44 Lot: 5 Use: Agricultural

Owner’s Name: Petrilak, Stephen & John Zoning District: AR-250

Property Location: River Road Area: 11.17 acres

Improvement to Land Ratio: 0.00 Owner’s Address: 99 Brainards Road Phillipsburg, NJ 08865

Assessed Value (Total): $7,400

Continued on next page…

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Continued from previous page… Condition: This property is an unimproved parcel of land used for agricultural purposes. The property is located on River

Road near the Hamlet of Brainards. Redevelopment Criteria Met:

A: Substandard, unsafe, unsanitary, dilapidated, or obsolete buildings The property is unimproved. Therefore the ‘a’ criteria is not applicable.

B: Discontinuance/abandonment of commercial or industrial buildings The property is not an abandoned industrial or commercial use. Therefore, the ‘b’criteria is not applicable.

C: Unimproved land/municipally-owned land The property is used for agricultural purposes. Therefore, the ‘c’ criteria is not applicable.

D: Areas with dilapidation, overcrowding, faulty arrangement or design, obsolete layout, deleterious land use The property does not exhibit any attributes of dilapidation, faulty arrangement or design, or obsolete layout. Therefore, there is no substantial evidence that the ‘d’ criteria of the statute is met.

E: Growing or total lack of proper utilization No evidence exists to indicate property ownership or title problems or similar conditions that would lead to a stagnant and unproductive condition. Therefore, there is no substantial evidence that the ‘e’ criteria of the statute is met.

The ‘F’, ‘G’, and ‘H’ Criteria are not relevant.

Status: The property does not meet the statutory requirements to be determined in need of redevelopment.

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Township of Harmony Redevelopment Study Block: 44 Lot: 7 Use: Agricultural

Owner’s Name: Petrilak, Stephen & John Zoning District: LI-O

Property Location: River Road Area: 25.78

Improvement to Land Ratio: 0.00 Owner’s Address: 99 Brainards Road Phillipsburg, NJ 08865 Assessed Value (Total): $17,000

Continued on next page…

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Continued from previous page…

Bird’s eye view of property looking southwest from Brainards Road.

Continued on next page…

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Continued from previous page… Condition: Block 44, Lot 7 is a property used for agricultural uses. The property is largely unimproved, and contains

several accessory structures that are ancillary to the existing agricultural operation. The accessory structures appear to be in good repair, and exhibit no signs of dilapidation or deleterious land use.

Redevelopment Criteria Met:

A: Substandard, unsafe, unsanitary, dilapidated, or obsolete buildings The structures on the property appear to be in good repair and utilized. Therefore the ‘a’ criteria is not applicable.

B: Discontinuance/abandonment of commercial or industrial buildings The property is not an abandoned industrial or commercial use. Therefore, the ‘b’criteria is not applicable.

C: Unimproved land/municipally-owned land The property is contains an agricultural business. In addition, there are several ancillary structures on the property. Therefore, the property does not meet the ‘c’ criteria.

D: Areas with dilapidation, overcrowding, faulty arrangement or design, obsolete layout, deleterious land use The property does not appear to exhibit any signs of dilapidation, faulty arrangement or design, or obsolete layout. Additionally, the use being conducted on the property does not appear to be deleterious to public health, safety, and welfare. Therefore, there is no substantial evidence that the ‘d’ criteria of the statute is met.

E: Growing or total lack of proper utilization No evidence exists to indicate property ownership or title problems or similar conditions that would lead to a stagnant and unproductive condition. Therefore, there is no substantial evidence that the ‘e’ criteria of the statute is met.

The ‘F’, ‘G’, and ‘H’ Criteria are not relevant.

Status: The property does not meet the statutory requirements to be determined in need of redevelopment.

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Township of Harmony Redevelopment Study Block: 44 Lot: 8 Use: Agricultural

Owner’s Name: Luciano, Robert A & Lorraine Zoning District: LI-O, I-1

Property Location: Brainards Road Area: 9.01 acres

Improvement to Land Ratio: 0.00 Owner’s Address: 95 Bissell Road Lebanon, NJ 08833

Assessed Value (Total): $7,200

Continued on next page…

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Continued from previous page… Condition: This property is an unimproved parcel that is used for agricultural purposes. The property is predominantly and

open field, but also contains two lines of trees. Redevelopment Criteria Met:

A: Substandard, unsafe, unsanitary, dilapidated, or obsolete buildings There are no buildings on the property. Therefore the ‘a’ criteria is not applicable.

B: Discontinuance/abandonment of commercial or industrial buildings The property is has not been used for commercial or industrial activities. Therefore, the ‘b’criteria is not applicable.

C: Unimproved land/municipally-owned land The property is qualified farmland, and is used as part of an agricultural operation. Therefore, the property does not meet the ‘c’ criteria.

D: Areas with dilapidation, overcrowding, faulty arrangement or design, obsolete layout, deleterious land use The property is used for agricultural purposes and is not a deleterious land use. Therefore, the property does not meet the ‘d’ criteria.

E: Growing or total lack of proper utilization No evidence exists to indicate property ownership or title problems or similar conditions that would lead to a stagnant and unproductive condition. Therefore, there is no substantial evidence that the ‘e’ criteria of the statute is met.

The ‘F’, ‘G’, and ‘H’ Criteria are not relevant.

Status: The property does not meet the statutory requirements to be determined in need of redevelopment.

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Township of Harmony Redevelopment Study Block: 44 Lot: 21 Use: Agricultural

Owner’s Name: Mallinckrodt Baker, Inc. Zoning District: I-1

Property Location: River Road Area: 57.4 acres

Improvement to Land Ratio: 0.00 Owner’s Address: 675 McDonnell Blvd. St. Louis, MO 63042

Assessed Value (Total): $458,900

Continued on next page…

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Continued from previous page… Condition: Block 44, Lot 21 is an unimproved parcel with frontage on River Road. The property consists of open fields and forested areas. There are no improvements on the property. Redevelopment Criteria Met:

A: Substandard, unsafe, unsanitary, dilapidated, or obsolete buildings There are no buildings on the property. Therefore the ‘a’ criteria is not applicable.

B: Discontinuance/abandonment of commercial or industrial buildings There are no improvements on the property, and there does not appear to be any evidence that any commercial or industrial uses took place on the property. Therefore, the property does not meet the ‘b’ criteria of the statute.

C: Unimproved land/municipally-owned land The property is privately-owned and used for agricultural purposes. Therefore, the property does not meet the ‘c’ criteria of the statute.

D: Areas with dilapidation, overcrowding, faulty arrangement or design, obsolete layout, deleterious land use There are no improvements on the property, and a deleterious land use does not appear to take place on the property. Therefore, the property does not meet the ‘d’ criteria of the statute.

E: Growing or total lack of proper utilization No evidence exists to indicate property ownership or title problems or similar conditions that would lead to a stagnant and unproductive condition. Therefore, there is no substantial evidence that the ‘e’ criteria of the statute is met.

The ‘F’, ‘G’, and ‘H’ Criteria are not relevant.

Status: The property does not meet the statutory requirements to be determined in need of redevelopment.

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Township of Harmony Redevelopment Study Block: 44 Lot: 21.01 Use: Agricultural8

Owner’s Name: Mallinckrodt Baker, Inc. Zoning District: I-1

Property Location: River Road Area: 55.53 (30 Acres 3B Farmland, 25.53 Acres Class 1)

Improvement to Land Ratio: 0.00 Owner’s Address: 675 McDonnell Blvd. St. Louis, MO 63042

Assessed Value (Total): $322,000

Continued on next page…

8 Although the property was formerly used as a racetrack (a commercial use), MOD-IV data classifies the property as class 3B (qualified farmland). For the purposes of this analysis, the property has been classified as an agricultural use.

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Continued from previous page… Condition: Block 44, Lot 21.01 is an unimproved parcel with frontage on River Road. The property is the former site of the Harmony Speedway, which operated on the site between 1963 and 1975. The property has remained vacant since the closure of the Harmony Speedway. Redevelopment Criteria Met:

A: Substandard, unsafe, unsanitary, dilapidated, or obsolete buildings The property does not contain any buildings. Therefore the ‘a’ criteria is not applicable.

B: Discontinuance/abandonment of commercial or industrial buildings The property was once a commercial auto racing track but has since been abandoned and the improvements on site have been allowed to deteriorate and become overgrown with vegetation. Therefore, the property meets the ‘b’ criteria of the statute.

C: Unimproved land/municipally-owned land The property has remained vacant since the closure of the Harmony Speedway in 1975. The property is privately-owned, but is not unimproved vacant land. Therefore, the property does not meet the ‘c’ criteria of the statute.

D: Areas with dilapidation, overcrowding, faulty arrangement or design, obsolete layout, deleterious land use The property contains the remnants of the Harmony Speedway. Because the property has remained vacant for more than three decades, the site has been allowed to fall into a state of dilapidation, abandonment, and obsolescence. The lack of maintenance and condition of the site creates potentially hazardous conditions and an attractive nuisance. Therefore, the property meets the ‘d’ criteria of the statute.

E: Growing or total lack of proper utilization No evidence exists to indicate property ownership or title problems or similar conditions that would lead to a stagnant and unproductive condition. Therefore, there is no substantial evidence that the ‘e’ criteria of the statute is met.

The ‘F’, ‘G’, and ‘H’ Criteria are not relevant.

Status: The property meets the statutory requirements to be determined in need of redevelopment.

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Township of Harmony Redevelopment Study Block: 44 Lot: 21.02 Use: Agricultural

Owner’s Name: Mallinckrodt Baker, Inc. Zoning District: I-1

Property Location: River Road Area: 82.2 acres

Improvement to Land Ratio: 0.00 Owner’s Address: 675 McDonnell Blvd. St. Louis, MO 63042

Assessed Value (Total): $82,400

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Continued from previous page… Condition: Block 44, Lot 21.02 is a vacant, unimproved lot that has frontage on River Road. The property is qualified farmland, and is used for agricultural purposes. The property is bisected into northern and southern portions by a tributary of the Delaware River that originates on the property. Additionally, the property contains a narrow strip of land that runs south from the main part of the property to Block 44, Lot 21. Redevelopment Criteria Met:

A: Substandard, unsafe, unsanitary, dilapidated, or obsolete buildings The property is an unimproved lot. Therefore the ‘a’ criteria is not applicable.

B: Discontinuance/abandonment of commercial or industrial buildings The property is unimproved and has not been used for any commercial or industrial activities. Therefore, the ‘b’criteria is not applicable.

C: Unimproved land/municipally-owned land The property is used for farming and other agricultural activities. Therefore, the property does not meet the ‘c’ criteria.

D: Areas with dilapidation, overcrowding, faulty arrangement or design, obsolete layout, deleterious land use The property is unimproved, and therefore does not exhibit any characteristics of dilapidation, overcrowding, faulty arrangement or design, or obsolete layout. Furthermore, the property is used for agricultural purposes, which do not appear to be deleterious to public health safety and welfare. Therefore, the property does not meet the ‘d’ criteria.

E: Growing or total lack of proper utilization No evidence exists to indicate property ownership or title problems or similar conditions that would lead to a stagnant and unproductive condition. Therefore, there is no substantial evidence that the ‘e’ criteria of the statute is met.

The ‘F’, ‘G’, and ‘H’ Criteria are not relevant.

Status: The property does not meet the statutory requirements to be determined in need of redevelopment.

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Township of Harmony Redevelopment Study Block: 44 Lot: 22 Use: Agricultural

Owner’s Name: Haschak, Steve Zoning District: I-1

Property Location: Brainards Area: 13.5

Improvement to Land Ratio: 0.00 Owner’s Address: 1126 Pearl Street Phillipsburg, NJ 08865

Assessed Value (Total): $10,600

Continued on next page…

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Continued from previous page… Condition: Block 44, Lot 22 is an unimproved lot that does not contain frontage on any public street. The lot appears to contain an agricultural field, and is bordered by wooded areas. Redevelopment Criteria Met:

A: Substandard, unsafe, unsanitary, dilapidated, or obsolete buildings The property is an unimproved lot. Therefore the ‘a’ criteria is not applicable.

B: Discontinuance/abandonment of commercial or industrial buildings The property is unimproved and does not appear to have been used for commercial or industrial purposes. Therefore, the ‘b’criteria is not applicable.

C: Unimproved land/municipally-owned land The property is a privately-owned lot used for agricultural purposes. Therefore, the property does not meet the ‘c’ criteria of the statute.

D: Areas with dilapidation, overcrowding, faulty arrangement or design, obsolete layout, deleterious land use The property is used for agricultural purposes and does not exhibit any of the characteristics specific to the ‘d’ criteria. Therefore, the property does not meet the ‘d’ criteria.

E: Growing or total lack of proper utilization No evidence exists to indicate property ownership or title problems or similar conditions that would lead to a stagnant and unproductive condition. Therefore, there is no substantial evidence that the ‘e’ criteria of the statute is met.

The ‘F’, ‘G’, and ‘H’ Criteria are not relevant.

Status: The property does not meet the statutory requirements to be determined in need of redevelopment.

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Township of Harmony Redevelopment Study Block: 44 Lot: 23 Use: Agricultural

Owner’s Name: D.C. Partners, LP Zoning District: LI-O

Property Location: Brainards Road Area: 75.4 acres

Improvement to Land Ratio: 0.00 Owner’s Address: 1369 Rowe Lane Phillipsburg, NJ 08865

Assessed Value (Total): $50,000

Continued on next page…

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Continued from previous page… Condition: Block 44, Lot 23 is qualified farmland that can be accessed via a private roadway that intersects with River Road. The property contains agricultural fields on the easterly portion of the property, and contains uncleared, wooded areas on the westerly portion of the property. The property is unimproved. Redevelopment Criteria Met:

A: Substandard, unsafe, unsanitary, dilapidated, or obsolete buildings The property is an unimproved lot. Therefore the ‘a’ criteria is not applicable.

B: Discontinuance/abandonment of commercial or industrial buildings The property does not appear to have been used for commercial or industrial uses. Therefore, the ‘b’criteria is not applicable.

C: Unimproved land/municipally-owned land The property is used for agricultural purposes, and is classified as qualified farmland. Therefore, the property does not meet the ‘c’ criteria of the statute.

D: Areas with dilapidation, overcrowding, faulty arrangement or design, obsolete layout, deleterious land use The property does not exhibit any characteristics of dilapidation, overcrowding, faulty arrangement or design, or obsolete layout. Furthermore, the property is used for agricultural purposes, and is not a land use deleterious to public health safety and welfare. Therefore, the property does not meet the ‘d’ criteria.

E: Growing or total lack of proper utilization No evidence exists to indicate property ownership or title problems or similar conditions that would lead to a stagnant and unproductive condition. Therefore, there is no substantial evidence that the ‘e’ criteria of the statute is met.

The ‘F’, ‘G’, and ‘H’ Criteria are not relevant.

Status: The property does not meet the statutory requirements to be determined in need of redevelopment.

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Township of Harmony Redevelopment Study Block: 44 Lot: 23.01 Use: Industrial

Owner’s Name: Shumack Investment, LLC Zoning District: I-1

Property Location: River Road Area: 20 acres

Improvement to Land Ratio: 2.75 Owner’s Address: 602 S. Cherry Street, Suite 920 Denver, CO 80246

Assessed Value (Total): $1,124,300

View of dilapidated barn looking north. View of former sludge-processing facility and unimproved roadway, looking south.

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Continued from previous page…

View of property improvements looking west. The former sludge-processing facility is in the background, and the

dilapidated barn is in the foreground.

Entrance to the former sludge processing facility. The door and metal frame are substantially rusted.

Interior of the former sludge-processing facility. Condition: This property is the former site of a sludge-processing plant that converted sewer sludge from New York City into fertilizer used for agricultural operations. Hydropress, the company that operated the facility, declared bankruptcy, and facility operations were halted on the property in 1998. Hydropress subsequently abandoned the site, leaving approximately 60,000 cubic yards of unprocessed waste in the facility. Cleanup of the site was financed and conducted by Tully Environmental. The property contains three buildings – the building in which the sludge processing operation was operated, a barn, and a utility shed. Although the sludge-processing building appears to be in fair condition, it exhibits some characteristics of dilapidation, specifically severe rusting. Additionally, equipment from the sludge-processing facility is still present on the site, both inside and outside of the building. The barn on the property is in a severe state of disrepair, and appears to be structurally unsound. A substantial portion of the barn’s roof has caved in, and it does not appear to be maintained by the property owner. The storage shed appears to be in good condition, and exhibits no signs of dilapidation. Continued on next page…

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Continued from previous page… Redevelopment Criteria Met:

A: Substandard, unsafe, unsanitary, dilapidated, or obsolete buildings The existing barn on the property is in a state of dilapidation, and appears structurally unsound. Therefore, the property meets the ‘a’ criteria of the statute.

B: Discontinuance/abandonment of commercial or industrial buildings The property was formerly used for the commercial processing of sewage sludge that has discontinued in 1998. The waste was subsequently removed from the building, and it has since remained vacant. Therefore, the ‘b’criteria is applicable.

C: Unimproved land/municipally-owned land The property is privately-owned and not vacant. Therefore, the ‘c’ criteria of the statute is not applicable.

D: Areas with dilapidation, overcrowding, faulty arrangement or design, obsolete layout, deleterious land use The property contains a barn that exhibits characteristics of severe dilapidation, including substantial rusting, and a roof that has caved in. Additionally, the sludge-processing facility has been abandoned and the remaining facilities constitute an obsolete land use that is not likely to be re-established at this location. The abandoned nature of this use and the potential for future deterioration of the existing facilities and its stagnant condition is detrimental to the health, safety and welfare of the community. The property meets the ‘d’ criteria of the statute.

E: Growing or total lack of proper utilization No evidence exists to indicate property ownership or title problems or similar conditions that would lead to a stagnant and unproductive condition. Therefore, there is no substantial evidence that the ‘e’ criteria of the statute is met.

The ‘F’, ‘G’, and ‘H’ Criteria are not relevant.

Status: The property meets the statutory requirements to be determined in need of redevelopment.

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Township of Harmony Redevelopment Study Block: 44 Lot: 24 Use: Agricultural

Owner’s Name: Shandor, Robert L. Zoning District: I-1

Property Location: Brainards Area: 5.87

Improvement to Land Ratio: 0.00 Owner’s Address: 69 Fox Farm Road Phillipsburg, NJ 08865

Assessed Value (Total): $35,200

Bird’s eye view of existing storage trailers, looking north. Continued on next page…

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Continued from previous page… Condition: Block 44, Lot 24 is a 5.87-acre parcel located within the Study Area that does not contain frontage on any public right-of-way. There do not appear to be any improvements to the property, and the only structures existing on the property appear to be several storage trailers, which are located on the southerly portion of the property. The property was formerly used as a recycling facility. Additionally, the property has been the subject of two investigations related to illegal dumping on the site. Redevelopment Criteria Met:

A: Substandard, unsafe, unsanitary, dilapidated, or obsolete buildings The property includes storage trailers. An internal inspection of these trailers was not conducted. Therefore there is currently not substantial evidence to determine whether or not the ‘a’ criteria is applicable.

B: Discontinuance/abandonment of commercial or industrial buildings The property has been abandoned as a commercial use. Therefore, the ‘b’criteria is applicable.

C: Unimproved land/municipally-owned land The property is privately-owned but not unimproved vacant land. Therefore, the ‘c’ criteria is not applicable.

D: Areas with dilapidation, overcrowding, faulty arrangement or design, obsolete layout, deleterious land use The property is exhibits an obsolete layout due to its lack of access to public right-of-way. Additionally, the property has been investigated by NJDEP, which has established that illegal dumping has occurred on the site. The presence of debris from the waste disposal that occurred on the property represents a deleterious land use and an attractive nuisance that is detrimental to the health, safety and welfare of the community. Therefore, the property meets the ‘d’ criteria of the statute.

E: Growing or total lack of proper utilization No evidence exists to indicate property ownership or title problems or similar conditions that would lead to a stagnant and unproductive condition. Therefore, there is no substantial evidence that the ‘e’ criteria of the statute is met.

The ‘F’, ‘G’, and ‘H’ Criteria are not relevant.

Status: The property meets the statutory requirements to be determined in need of redevelopment.

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Township of Harmony Redevelopment Study Block: 44 Lot: 25 Use: Agricultural

Owner’s Name: Haschak, Steve Zoning District: I-1

Property Location: Brainards Area: 14.03 acres

Improvement to Land Ratio: 0.34 Owner’s Address: 1126 Pearl Street Phillipsburg, NJ 08865

Assessed Value (Total): $111,500

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Continued from previous page… Condition: This property is an open field used for agricultural purposes. The southerly and westerly portions of the property are lined with trees. One building, which appears to be a barn, exists on the property. The property consists of qualified and unqualified farmland. Redevelopment Criteria Met:

A: Substandard, unsafe, unsanitary, dilapidated, or obsolete buildings The property contains one building which may be related to the adjoining use on Lot 24. However, the condition of this building cannot be determined from aerial photography. Therefore there is currently no evidence whether or not the ‘a’ criteria is applicable.

B: Discontinuance/abandonment of commercial or industrial buildings The property contains one building, which appears to be a barn, and the property does not appear to have been used for commercial or industrial uses. Therefore, the ‘b’criteria is not applicable.

C: Unimproved land/municipally-owned land The property contains one building and is used for an agricultural use. Therefore, the ‘c’ criteria is not applicable.

D: Areas with dilapidation, overcrowding, faulty arrangement or design, obsolete layout, deleterious land use There is only one building on the site, whose condition cannot be determined by aerial photography. However, from external inspection, the property does not appear to exhibit any signs of dilapidation, overcrowding, faulty arrangement or design, obsolete layout, or deleterious land use. Therefore, the property does not meet the ‘d’ criteria of the statute.

E: Growing or total lack of proper utilization No evidence exists to indicate property ownership or title problems or similar conditions that would lead to a stagnant and unproductive condition. Therefore, there is no substantial evidence that the ‘e’ criteria of the statute is met.

The ‘F’, ‘G’, and ‘H’ Criteria are not relevant.

Status: The property does not meet the statutory requirements to be determined in need of redevelopment.

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Township of Harmony Redevelopment Study Block: 44 Lot: 26 Use: Commercial9

Owner’s Name: Mallinckrodt Baker, Inc. Zoning District: I-1

Property Location: River Road Area: 22.19 acres

Improvement to Land Ratio: 0.00 Owner’s Address: 675 McDonnell Blvd. St. Louis, MO 63042

Assessed Value (Total): $194,000

Continued on next page…

9 Although the property is not in use, the property is an abandoned commercial use and MOD-IV data classifies the property as class 4A (commercial). For the purposes of this analysis, the property has been classified as a commercial property.

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Continued from previous page… Condition: Block 44, Lot 26 is the former site of Baker Chemical. The site is unimproved, and contains capped chemical detention basins and a capped landfill. The site fronts on River Road, and the site can be accessed from this roadway. Redevelopment Criteria Met:

A: Substandard, unsafe, unsanitary, dilapidated, or obsolete buildings The property contains no buildings. Therefore the ‘a’ criteria is not applicable.

B: Discontinuance/abandonment of commercial or industrial buildings Although industrial uses were formerly conducted on the property, the property contains no abandoned buildings. Therefore, the ‘b’criteria is not applicable.

C: Unimproved land/municipally-owned land The property is privately-owned but is not vacant. Therefore, the ‘c’ criteria is not applicable.

D: Areas with dilapidation, overcrowding, faulty arrangement or design, obsolete layout, deleterious land use The former chemical waste pits and landfill, although capped, still represent a deleterious land use. Therefore, the ‘d’ criteria is applicable.

E: Growing or total lack of proper utilization No evidence exists to indicate property ownership or title problems or similar conditions that would lead to a stagnant and unproductive condition. Therefore, there is no substantial evidence that the ‘e’ criteria of the statute is met.

The ‘F’, ‘G’, and ‘H’ Criteria are not relevant.

Status: The property meets the statutory requirements required to be determined in need of redevelopment.