N.J. Admin. Code § 19:31C-3.25

Current through Register Vol. 56, No. 23, December 2, 2024

Section 19:31C-3.25 - LRHL Redevelopment and redevelopment plans

(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.

(b) The following concern LRHL redevelopment plans:

1. The Authority's consent is required for the host municipality's adoption of a redevelopment plan pursuant to LRHL for a duly designated area in need of redevelopment or rehabilitation or a portion thereof.

2. The application for the Authority's consent to the adoption or proposed adoption of an LRHL redevelopment plan by a host municipality shall consist of:

i. A properly completed and signed Authority application form, which shall request the following information:

(1) Identification and the location of the property that is the subject of the proposed LRHL redevelopment plan, by municipal block and lot number if available, or by the Authority parcel designation;

(2) A brief description of the LRHL redevelopment plan, including identification of departures from the requirements of the Reuse Plan and this subchapter;

(3) The names and contact information of all professionals representing the applicant in connection with the preparation of the LRHL redevelopment plan; and

(4) Any other supplemental information required by the Authority;

ii. A complete copy of the LRHL redevelopment plan as adopted by the host municipality;

iii. A copy of the host municipality's resolution designating the area in need of redevelopment or rehabilitation, the area investigation study, and of the Authority's resolution consenting thereto;

iv. A copy of the planning board's review of the proposed LRHL redevelopment plan and report to the governing body pursuant to the requirement of the LRHL and a copy of the record of all relevant proceedings conducted by the planning board;

v. Copies of all notices sent or published in connection with the host municipality's consideration and adoption of the LRHL redevelopment plan; and

vi. A copy of the host municipality's adopted ordinance adopting the LRHL redevelopment plan and a copy of the record of all relevant proceedings conducted by the governing board.

3. In accordance with 19:31C-3.1 9(a), all provisions of the LRHL redevelopment plan shall be consistent with the Reuse Plan. All provisions of the LRHL redevelopment plan shall also be consistent with this subchapter. In determining whether the LRHL redevelopment plan is consistent with this subchapter, the Authority shall consider the following, as applicable:

i. Whether consent to the LRHL redevelopment plan would result in a departure from the requirements of this subchapter relating to:

(1) A use or principal structure in a development district restricted against such use or principal structure;

(2) A continuation or an expansion of a nonconforming use;

(3) Deviation from a specification or standard pertaining solely to any conditional use;

(4) An increase in the permitted floor area ratio;

(5) An increase in the permitted density; or

(6) A height of a principal structure which exceeds by 10 feet or 10 percent the maximum height permitted in the development district for a principal structure;

ii. Whether consent to the LRHL redevelopment plan would result in a material change in the overall development yield or affordable housing obligations of the host municipality as provided in this subchapter, or would result in any negative impact to the Authority's obligations pursuant to the Fair Housing Act of 1985;

iii. Whether consenting to the LRHL redevelopment plan will result in any significant adverse impact on other areas of Fort Monmouth;

iv. Whether consenting to the LRHL redevelopment plan would substantially impair the intent and purposes of this subchapter (that is, whether this subchapter will remain rational and coordinated land use rules following the implementation of the LRHL redevelopment plan);

v. Whether the consent to the LRHL redevelopment plan would have any negative impact to the Authority's obligations pursuant to Defense Base Closure and Realignment Act of 1990, Pub.L. 101-510 ( 10 U.S.C. § 2687) , any agreement with the U.S. Army conveying Fort Monmouth property to the Authority, and whether such consent would require Federal review, consent, or approvals; and

vi. Whether consenting to the LRHL redevelopment plan will have significant adverse infrastructure ramifications within the Fort Monmouth Project Area.

4. The Authority may consent to, consent with conditions, or withhold its consent to the host municipality's adoption of the LRHL redevelopment plan that is consistent with the Reuse Plan and this subchapter. If the Authority determines the LRHL redevelopment plan to be inconsistent with the Reuse Plan or this subchapter, the Authority may withhold its consent or consent with one or more of the following conditions and/or variances:

i. The Authority may require, as a condition to its consent, an amendment to the Reuse Plan pursuant to 19:31C-3.2 7(c) so that the LRHL redevelopment plan is consistent with the amended Reuse Plan and/or in lieu of variances pursuant to (b)4iii below.

ii. The Authority may require, as a condition to its consent, an amendment to this subchapter so that the LRHL redevelopment plan is consistent with the amended rules.

iii. In its resolution consenting to the adoption of the LRHL redevelopment plan, the Authority may grant variances for each inconsistency with the Reuse Plan under 19:31C-3.1 9(b)2i and with this subchapter under (b)3i above. Before the Authority may grant a variance for an increase in the permitted density established in this subchapter, the Authority shall submit the proposed density variance to the zoning board of the host municipality that adopted the LRHL redevelopment plan. The zoning board shall hear and decide the submitted variance only. If the Zoning Board does not vote in favor of the submitted variance, the Authority shall not be permitted to grant that variance. Any resolution consenting to the adoption of the LRHL redevelopment plan containing such variances shall be adopted by the affirmative vote of seven members of the FMERA Board, shall identify the provisions of the rules from which the variances are granted, and shall state the Authority's reasons for granting the variances.

5. In determining whether to consent to an LRHL redevelopment plan, the Authority may rely upon the record of all relevant proceedings of the host municipality, including the planning board's review and report and the public meetings and hearings conducted by the planning board and governing body in connection with the adoption of the LRHL redevelopment plan ordinance. Nothing in this subsection shall preclude the Authority from requiring a separate public hearing in accordance with 19:31C-3.2 6 on an application for consent to the adoption of an LRHL redevelopment plan, if the Authority, in its sole discretion, determines that such a hearing is necessary or desirable. The Authority may also consider the following, among other things:

i. The justification for utilizing an LRHL redevelopment plan;

ii. Whether the LRHL redevelopment plan is proposed as an overlay alternative to, or as superseding, the applicable provisions of this subchapter; and

iii. Any other aspect of the proposed LRHL redevelopment plan that, in the opinion of the Authority, is relevant to the successful redevelopment of the Fort Monmouth Project Area, including, but not limited to, the potential impacts of the LRHL redevelopment plan on future redevelopment within the Fort Monmouth Project Area and the implications of the LRHL redevelopment plan for the Authority's ability to oversee redevelopment of the property within the Fort Monmouth Project Area.

6. No LRHL redevelopment plan for property within the Fort Monmouth Project Area shall be effective unless and until the Authority has consented to its adoption, notwithstanding the fact that the host municipality may have enacted an ordinance adopting the LRHL redevelopment plan prior to receiving the Authority's consent thereto. All such ordinances adopted by the governing body prior to the Authority's consent thereto shall be expressly conditioned upon, and shall not become effective until, the Authority consents to the adoption thereof.

7. All LRHL redevelopment plans shall include a provision requiring a redevelopment agreement between the Authority or EDA as designated redeveloper, the host municipality, and the redeveloper.

8. LRHL redevelopment plans may provide that in connection with subdivision and site plan approval, the planning board shall have the authority to grant bulk and area-type variances from requirements contained in this subchapter or the LRHL redevelopment plan, as applicable. All LRHL redevelopment plans shall include a provision requiring that any request for a use-type variance from the requirements of the LRHL redevelopment plan be treated and processed as a request for an amendment to the LRHL redevelopment plan pursuant to this subchapter, including the requirement in (b)10 below for Authority consent to such an amendment.

9. The Authority's consent to the adoption of an LRHL redevelopment plan 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 adoption.

10. Amendments to an LRHL redevelopment plan previously consented to by the Authority shall be deemed a new action requiring consent, and shall follow all procedures set forth in this subsection.

11. Redevelopment plans duly adopted by a host municipality pursuant to the LRHL with the Authority's consent shall be noted on the official zoning map.

12. Development standards and design guidelines specifically set forth in an LRHL redevelopment plan duly adopted by a host municipality with the Authority's consent shall apply to projects within the area encompassed by the LRHL redevelopment plan, to the extent described in the LRHL redevelopment plan. Where the LRHL redevelopment plan does not provide a corresponding development standard or design guideline for an aspect of a project that would be addressed under this subchapter, the requirements or development and design guideline in this subchapter shall apply unless the LRHL redevelopment plan specifically provides otherwise. Generally applicable requirements and development and design guidelines in this subchapter relating to all development districts within the Fort Monmouth Project Area and not specifically enumerated in the LRHL redevelopment plan shall apply to projects within the area encompassed by the LRHL redevelopment plan, unless and to the extent the LRHL redevelopment plan specifically provides otherwise.

N.J. Admin. Code § 19:31C-3.25