N.J. Stat. § 40A:12A-51

Current through L. 2024, c. 80.

Section 40A:12A-51 - Definitions used in C.40A:12A-50 et seq

As used in P.L. 1995, c.173 (C.40A:12A-50 et seq.) and this amendatory and supplementary act, P.L. 1996, c. 73(C.40A:12A-50a et al.):

"Authority" means the New Jersey Economic Development Authority established pursuant to P.L. 1974, c.80 (C.34:1B-1 et seq.) or other instrumentality created by law with the power to incur debt and issue bonds and other obligations.

"Bonds" mean bonds, notes or other obligations issued to finance projects by the authority pursuant to P.L. 1995, c.173 (C.40A:12A-50 et seq.) and this amendatory and supplementary act, P.L. 1996, c. 73(C.40A:12A-50a et al.).

"Municipality" means the municipal governing body or, if a redevelopment agency or redevelopment entity is established in the municipality pursuant to P.L. 1992, c.79 (C.40A:12A-1 et seq.) and the municipality so provides, the redevelopment agency or entity so established.

"Redeveloper" means any person that enters or proposes to enter, pursuant to P.L. 1995, c.173 (C.40A:12A-50 et seq.) and this amendatory and supplementary act, P.L. 1996, c. 73(C.40A:12A-50a et al.) and the "Local Redevelopment and Housing Law," P.L. 1992, c.79 (C.40A:12A-1 et seq.), into a redevelopment agreement with a municipality that has established a landfill reclamation improvement district.

"Redevelopment agreement" means a contract between a municipality and a redeveloper for any work or undertaking for the clearance, development and redevelopment, and the construction or rehabilitation of any commercial, industrial or public structures or improvements, landfill closure, remediation, or redevelopment, including, but not limited to, on-site and off-site infrastructure improvements, or rehabilitation of an area in need of redevelopment, or part thereof, under the provisions of P.L. 1995, c.173 (C.40A:12A-50 et seq.) and this amendatory and supplementary act, P.L. 1996, c. 73(C.40A:12A-50a et al.) and the "Local Redevelopment and Housing Law," P.L. 1992, c.79 (C.40A:12A-1 et seq.), that provide a public benefit within a district undertaken pursuant to an ordinance creating a landfill reclamation improvement district pursuant to section 3 of P.L. 1995, c.173 (C.40A:12A-52).

"Financial agreement" means an agreement that meets the requirements of a financial agreement under P.L. 1991, c.431 (C.40A:20-1 et seq.).

"Franchise assessment" means a gross receipts assessment on:

(1) the amount of the sale price of all tangible property sold by a business in a district, valued in money, whether received in money or otherwise, excluding the cost of transportation if such cost is separately stated in the written contract and excluding any tax imposed pursuant to the "Sales and Use Tax Act," P.L. 1966, c.30 (C.54:32B-1 et seq.);

(2) all rental receipts from the rental of commercial property in a district;

(3) receipts from parking in a district;

(4) rents for every occupancy of a room or rooms in a hotel in a district that are subject to the sales and use tax pursuant to subsection (d) of section 3 of P.L. 1966, c.30 (C.54:32B-3);

(5) admission charges to or for the use of any place of amusement excluding movie theaters in a district and the amount paid as the charge of a roof garden, cabaret or other similar place in a district that are subject to the sales and use tax pursuant to subsection (e) of section 3 of P.L. 1966, c.30 (C.54:32B-3); or

(6) any combination of items (1) through (5) above, as imposed pursuant to section 4 of P.L. 1995, c.173 (C.40A:12A-53), and this amendatory and supplementary act, P.L. 1996, c. 73(C.40A:12A-50a et al.), but excluding any tax imposed pursuant to the "Sales and Use Tax Act," P.L. 1966, c.30 (C.54:32B-1 et seq.).

"Landfill reclamation improvement district" or "district" means a tract of land of at least 150 acres in size, which may consist of one or more tax lots, of which not less than 100 acres were formerly or are presently used as a landfill, which has been delineated a "redevelopment area" or "area in need of redevelopment" pursuant to the "Local Redevelopment and Housing Law," P.L. 1992, c.79 (C.40A:12A-1 et seq.), and is an area which has been designated a landfill reclamation improvement district by a municipality pursuant to section 3 of P.L. 1995, c.173 (C.40A:12A-52).

"Special assessment" means an assessment upon the lands or improvements on such lands, or both, in the landfill reclamation improvement district benefitted by improvements undertaken pursuant to P.L. 1995, c.173 (C.40A:12A-50 et seq.) and this amendatory and supplementary act, P.L. 1996, c. 73(C.40A:12A-50a et al.), assessed pursuant to chapter 56 of Title 40 of the Revised Statutes, R.S. 40:56-1 et seq. except as otherwise provided in subsection b. of section 8 of this amendatory and supplementary act, P.L. 1996, c. 73(C.40A:12A-56).

N.J.S. § 40A:12A-51

Amended 1996 c. 73, s. 3; 1999 c. 198.