project tomorrow

8/9/2019 Project Tomorrow

1/30

BE Project Tomorrow: The 2010 Lyndhurst Redevelopment Study

1

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


2/30


2

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.


3/30


3

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.


4/30


4

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.


5/30


5

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.


6/30


6

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.


7/30


7

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.


8/30


8

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.)


9/30


9

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.


10/30


10

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)


11/30


11

M ap 3

Aerial View of the Block 89 Area


12/30


12

M ap 4Aerial View of the Block 12 and 13 Area


13/30


13

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)


14/30


14

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.


15/30


15

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.


16/30


16

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.)


17/30


18/30


18

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}


19/30


19

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.


20/30


20

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


21/30


21

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


22/30


22

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:


23/30


23

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.


24/30


24

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.


25/30


25

The Lincoln School


26/30


27/30


27


Redevelopment AreaDescription of General Property Conditions

Lyndhurst Planning Board


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).


28/30


28

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.


Analysis of Properties under Investigation by theLyndhurst Planning Board


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.


29/30


29

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.


30/30


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

project tomorrow

Documents