New Jersey Administrative Code › Title 19 - OTHER AGENCIES › FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Chapter 31C - FORT MONMOUTH ECONOMIC REVITALIZATION AUTHORITY › Subchapter 3 - LAND USE › Section 19:31C-3.25 - LRHL Redevelopment and redevelopment plans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  following concern an LRHL area in need of redevelopment or rehabilitation
				  designation:
1. The Authority may request
				  that a host municipality consider the designation of any portion of the Fort
				  Monmouth Project Area within its municipal boundaries as being an area in need
				  of redevelopment or an area in need of rehabilitation pursuant to the
				  provisions of the LRHL; or the Authority may consent to a request by a host
				  municipality to so designate a portion of the Fort Monmouth Project
				  Area.
2. The Authority may initiate
				  its own investigation, or may request that a host municipality study property
				  located within its municipal boundaries to determine if such property meets the
				  criteria for designation as an area in need of redevelopment or area in need of
				  rehabilitation under the LRHL. Alternatively, a host municipality may request
				  that the Authority undertake such an investigation or consent to the host
				  municipality undertaking such an investigation on its own initiative. The
				  Authority may request that additional properties be investigated that are not
				  identified in the original request.
3. The Authority's consent is required for
				  all LRHL area in need designations by a host municipality, whether requested by
				  the Authority or by the host municipality.
4. A request by a host municipality for the
				  Authority's consent to the designation as an area in need of redevelopment or
				  area in need of rehabilitation pursuant to the LRHL shall be submitted to the
				  Authority, in writing, signed by the chief executive officer of the
				  municipality. The request shall include a properly completed and signed
				  Authority application form, which shall request the following information:
i. Identification and the location of the
				  property proposed for designation by municipal block and lot number if
				  available, or by the Authority parcel designation;
ii. The existing zoning and land use of the
				  properties proposed for designation;
iii. A map showing the boundaries of the area
				  proposed to be investigated;
iv. A
				  description of existing structures, if any, on the properties proposed for
				  designation;
v. An area
				  investigation study and a statement indicating why the area may be in need of
				  redevelopment; and
vi. A copy of
				  the host municipality's resolution designating the area in need of
				  redevelopment or rehabilitation.
5. The procedures to be followed by the host
				  municipality for the designation of an area in need pursuant to the LRHL shall
				  be the procedures set forth in the LRHL. Any resolution adopted by the
				  governing body designating an area in need prior to the Authority's consent
				  thereto shall be expressly conditioned upon, and shall not be effective until,
				  the Authority's consent to the designation.
6. When considering whether to consent to an
				  area in need of redevelopment or an area in need of rehabilitation designation
				  by a host municipality, the Authority may request a review by and statement
				  from the Authority's planner, concurring with the findings and recommendations
				  of the area study; and a review by and opinion from the Authority's attorney,
				  that the procedures utilized and the area investigation meet the legal
				  requirements for area designation pursuant to the LRHL and applicable case law.
				  The Authority may also consider the extent of the area subject to the
				  designation, the justification for the designation, and whether the designation
				  will contribute to the successful redevelopment of the Fort Monmouth Project
				  Area.
7. The Authority may consent
				  to, consent with conditions, or withhold its consent to the area in need of
				  redevelopment or area in need of rehabilitation designation. The Authority's
				  consent to an area in need designation shall require the affirmative vote of
				  seven members and shall be memorialized by a formal written resolution of the
				  Authority adopted at the meeting at which the Authority determines whether to
				  consent to the designation.
8.
				  Amendments to expand the boundaries of a previously designated area in need
				  shall be deemed a new action requiring Authority consent, and shall follow all
				  procedures set forth in this subsection.