Bill Text: NJ S1486 | 2014-2015 | Regular Session | Introduced
Bill Title: Revises certain procedures for municipal redevelopment programs; prohibits certain campaign contributions by redevelopers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-27 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S1486 Detail]
Download: New_Jersey-2014-S1486-Introduced.html
Sponsored by:
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
Revises certain procedures for municipal redevelopment programs; prohibits certain campaign contributions by redevelopers.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning redevelopment procedures and amending and supplementing P.L.1992, c.79.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. Notwithstanding the provisions of any other law to the contrary, a State redevelopment entity shall not: negotiate for, or enter into, a redevelopment agreement with any redeveloper to perform any work under a redevelopment plan, if, beginning after the adoption of a memorializing resolution directing preliminary investigation to determine if a site is in need of redevelopment, that redeveloper has made a contribution that exceeds $300 to the candidate committee of a holder of a public office having ultimate responsibility for awarding the redevelopment agreement or responsibility for appointment of the officials who award the redevelopment agreement, or to a political party committee, legislative leadership committee, political committee, or continuing political committee, which engages in the support of State candidates, or that exceeds an annual aggregate limit of $5,000 for all such contributions of $300 or less.
b. Notwithstanding the provisions of any other law to the contrary, a county redevelopment entity shall not: negotiate for, or enter into, a redevelopment agreement with any redeveloper to perform any work under a redevelopment plan, if, beginning after the adoption of a memorializing resolution directing preliminary investigation to determine if a site is in need of redevelopment that redeveloper has made a contribution that exceeds $300 to the candidate committee of a holder of a public office having ultimate responsibility for awarding the redevelopment agreement or responsibility for appointment of the officials who award the redevelopment agreement, or to a political party committee, legislative leadership committee, political committee, or continuing political committee, which engages in the support of county candidates in that county, or that exceeds an annual aggregate limit of $5,000 for all such contributions of $300 or less.
c. Notwithstanding the provisions of any other law to the contrary, a municipal redevelopment entity shall not: negotiate for, or enter into, a redevelopment agreement with any redeveloper to perform any work under a redevelopment plan, if, beginning after the adoption of a memorializing resolution directing preliminary investigation to determine if a site is in need of redevelopment, that redeveloper has made a contribution that exceeds $300 to the candidate committee of a holder of a public office having ultimate responsibility for awarding the redevelopment agreement or responsibility for appointment of the officials who award the redevelopment agreement, or to a political party committee, legislative leadership committee, political committee, or continuing political committee, which engages in the support of municipal candidates in that municipality, or that exceeds an annual aggregate limit of $5000 for all such contributions of $300 or less.
d. No redeveloper who receives a State, county, or municipal redevelopment agreement to perform work under a redevelopment plan shall make any of the aforesaid contributions during the term of any such redevelopment agreement.
e. None of the aforesaid committees shall accept a contribution in excess of the limits set forth above from such a redeveloper during the time periods set forth above.
f. Each committee named above shall use reasonable efforts to notify contributors and potential contributors that contributions to it may affect the ability of a redeveloper to enter into a redevelopment agreement. Reasonable efforts shall include, but not be limited to, written notifications in fundraising solicitations or donor information request forms or other fundraising materials.
g. The Election Law Enforcement Commission shall annually adjust the amounts set forth above in the same manner that contributions are adjusted pursuant to section 19 of P.L.1980, c.74 (C.19:44A-7.1).
h. If a redeveloper inadvertently makes a contribution that would otherwise bar it from receiving a redevelopment agreement or makes a contribution during the term of a redevelopment agreement in violation of this act, the redeveloper may request a full reimbursement from the recipient and, if such reimbursement is received within 30 days after the date of the general election, the redeveloper shall again be eligible to receive a redevelopment agreement or shall no longer be in violation, as appropriate. It shall be presumed that contributions made within 60 days of a primary or general election were not made inadvertently.
i. Prior to awarding a redevelopment agreement, a redevelopment entity shall require the redeveloper to which the redevelopment agreement is to be awarded to provide a written certification that it has not made a contribution that would bar the award of a redevelopment agreement pursuant to this section. A redeveloper shall have a continuing duty to report to the Election Law Enforcement Commission any contribution that constitutes a violation of this act that is made during the duration of a redevelopment agreement.
j. As used in this section:
"Redeveloper" means any person, firm, corporation, or public body that negotiates for, or enters into, a redevelopment agreement with a State, county, or municipal redevelopment entity for the redevelopment or rehabilitation of an area in need of redevelopment, or an area in need of rehabilitation, or any part thereof, or other work forming a part of a redevelopment or rehabilitation project, and includes any principal who owns or controls more than 10 percent of the profits or assets of a redeveloper or 10 percent of the stock in the case of a redeveloper that is a corporation for profit, as appropriate; a subsidiary directly or indirectly controlled by the redeveloper; and any professional, consultant, lobbyist, or governmental affairs agent who, after the date that the redeveloper enters into a redevelopment agreement, contracts with a redeveloper to perform services in connection with a redevelopment project, and if a redeveloper is a natural person, that person's spouse or child, residing therewith; and
"Redevelopment entity" means a State, county, or municipal public body authorized by law to implement a redevelopment project and carry out a redevelopment plan.
k. It shall be a breach of the terms of a redevelopment agreement for a redeveloper to: make or solicit a contribution in violation of this act; knowingly conceal or misrepresent a contribution given or received; make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution; make or solicit any contribution on the condition or with the agreement that it will be contributed to a campaign committee of any candidate or holder of the public office having ultimate responsibility for the award of redevelopment agreement or for appointing those who enter into the agreement; engage or employ a professional, consultant, lobbyist, or governmental affairs agent with the intent or understanding that such person would make or solicit any contribution, which if made or solicited by the redeveloper, would subject that redeveloper to the restrictions of this act; fund contributions made by third parties, including consultants, attorneys, family members, and employees; engage in any exchange or contributions to circumvent the intent of this act; or directly or indirectly, through or by any other person or means, do any act which would subject that redeveloper to the restrictions of this act.
l. Nothing contained in this section shall be construed as affecting the eligibility of a redeveloper to perform a redevelopment agreement for a redevelopment entity because of a contribution made before the effective date of this act.
2. Section 5 of P.L.1992, c.79 (40A:12A-5) is amended to read as follows:
5. A delineated area may be determined to be in need of redevelopment if, after investigation, notice and hearing as provided in section 6 of P.L.1992, c.79 (C.40A:12A-6), the governing body of the municipality by [resolution] ordinance concludes that within the delineated area any of the following conditions is found:
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] ordinance, 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 properties therein or other similar conditions which impede land assemblage or discourage the undertaking of improvements, resulting in a stagnant and unproductive condition of land potentially useful and valuable for contributing to and serving the public health, safety and welfare, which condition is presumed to be having a negative social or economic impact or otherwise being detrimental to the safety, health, morals, or welfare of the surrounding area or the community in general.
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, 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.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
h. [The designation of the delineated area is consistent with smart growth planning principles adopted pursuant to law or regulation.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)
(cf: P.L.2013, c.159, s.1)
3. Section 6 of P.L.1992, c.79 (C.40A:12A-6) is amended to read as follows:
6. a. No area of a municipality shall be determined 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). Such determination shall be made after public notice and public hearing as provided in subsection b. of this section. The governing body of a municipality shall assign the conduct of the investigation and hearing to the planning board of the municipality. The resolution authorizing the planning board to undertake a preliminary investigation shall state whether the redevelopment area determination shall authorize the municipality to use all those powers provided by the Legislature for use in a redevelopment area other than the use of eminent domain (hereinafter referred to as a "Non-Condemnation Redevelopment Area") or whether the redevelopment area determination shall authorize the municipality to use all those powers provided by the Legislature for use in a redevelopment area, including the power of eminent domain (hereinafter referred to as a "Condemnation Redevelopment Area").
b. (1) Before proceeding to a public hearing on the matter, the planning board shall prepare a map showing the boundaries of the proposed redevelopment area and the location of the various parcels of property included therein. There shall be appended to the map a statement setting forth the basis for the investigation.
(2) The planning board shall specify a date for and give notice of a hearing for the purpose of hearing persons who are interested in or would be affected by a determination that the delineated area is a redevelopment area.
(3) (a) The hearing notice shall set forth the general boundaries of the area to be investigated and state that a map has been prepared and can be inspected at the office of the municipal clerk.
(b) If the governing body resolution assigning the investigation to the planning board, pursuant to subsection a. of this section, stated that the redevelopment determination shall establish a Non-Condemnation Redevelopment Area, the notice of the hearing shall specifically state that a redevelopment area determination shall not authorize the municipality to exercise the power of eminent domain to acquire any property in the delineated area.
(c) If the resolution assigning the investigation to the planning board, pursuant to subsection a. of this section, stated that the redevelopment determination shall establish a Condemnation Redevelopment Area, the notice of the hearing shall specifically state that a redevelopment area determination shall authorize the municipality to exercise the power of eminent domain to acquire property in the delineated area.
(d) A copy of the notice shall be published in a newspaper of general circulation in the municipality once each week for two consecutive weeks, and the last publication shall be not less than ten days prior to the date set for the hearing. A copy of the notice shall be [mailed] delivered personally or by certified mail, return receipt requested, at least ten days prior to the date set for the hearing to the last owner, if any, of each parcel of property lying within a radius of 200 feet beyond the boundaries of the area according to the assessment records of the municipality. A notice shall also be sent to all persons at their last known address, if any, whose names are noted on the assessment records as claimants of an interest in any such parcel. Notice shall further be given on the official municipal Internet web site, if the municipality maintains one, at least 10 business days prior to the hearing. The notice shall be provided in the manner prescribed by section 7.1 of P.L.1975, c.291 (C.40:55D-12), and shall specifically state that interested parties may file written testimony which shall be made a part of the record of the hearing. The assessor of the municipality shall make a notation upon the records when requested to do so by any person claiming to have an interest in any parcel of property in the municipality. The notice shall be published and mailed by the municipal clerk, or by such clerk or official as the planning board shall otherwise designate. Failure to mail any such notice shall [not] invalidate the investigation or determination thereon.
(4) At the hearing, which may be adjourned from time to time, the planning board shall hear all persons who are interested in or would be affected by a determination that the delineated area is a redevelopment area. All objections to such a determination and evidence in support of those objections, given orally or in writing, shall be received and considered and made part of the public record.
(5) (a) 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.
(b) 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 a redevelopment area.
(c) Upon the adoption of a resolution, the clerk of the municipality shall, forthwith, transmit a copy of the resolution to the Commissioner of Community Affairs for review. If the area in need of redevelopment is not situated in an area in which development or redevelopment is to be encouraged pursuant to any State law or regulation promulgated pursuant thereto, the determination shall not take effect without first receiving the review and the approval of the commissioner. If the commissioner does not issue an approval or disapproval within 30 calendar days of transmittal by the clerk, the determination shall be deemed to be approved. If the area in need of redevelopment is situated in an area in which development or redevelopment is to be encouraged pursuant to any State law or regulation promulgated pursuant thereto, then the determination shall take effect after the clerk has transmitted a copy of the resolution to the commissioner. The determination, if supported by substantial evidence and, if required, approved by the commissioner, shall be binding and conclusive upon all persons affected by the determination.
(d) Notice of the determination shall be served, within 10 days after the determination, upon all record owners of property located within the delineated area, those whose names are listed on the tax assessor's records, and upon each person who filed a written objection thereto and stated, in or upon the written submission, an address to which notice of determination may be sent.
(e) If the governing body resolution assigning the investigation to the planning board, pursuant to subsection a. of this section, stated that the redevelopment determination shall establish a Condemnation Redevelopment Area, the notice of the determination required pursuant to subparagraph (d) of this paragraph shall indicate that:
(i) the determination operates as a finding of public purpose and authorizes the municipality to exercise the power of eminent domain to acquire property in the redevelopment area, and
(ii) legal action to challenge the determination must be commenced within 45 days of receipt of notice and that failure to do so shall preclude an owner from later raising such challenge.
(f) No municipality or redevelopment entity shall exercise the power of eminent domain to acquire property for redevelopment purposes within a Non-Condemnation Redevelopment Area.
(g) If a municipal governing body has determined an area to be a Non-Condemnation Redevelopment Area and is unable to acquire property that is necessary for the redevelopment project, the municipality may initiate and follow the process set forth in this section to determine whether the area or property is a Condemnation Redevelopment Area. Such determination shall be based upon the then-existing conditions and not based upon the condition of the area or property at the time of the prior Non-Condemnation Redevelopment Area determination.
(h) A property owner who has received notice pursuant to this section who does not file a legal challenge to the redevelopment determination affecting his or her property within 45 days of receipt of such notice shall thereafter be barred from filing such a challenge and, in the case of a Condemnation Redevelopment Area and upon compliance with the notice provisions of subparagraph (e) of this paragraph, shall further be barred from asserting a challenge to the redevelopment determination as a defense in any condemnation proceeding to acquire the property unless the municipality and the property owner agree otherwise.
(6) The municipality shall, for 45 days next following its determination, take no further action to acquire any property by condemnation within the redevelopment area.
(7) If any person shall, within 45 days after the adoption by the municipality of the determination, apply to the Superior Court, the court may grant further review of the determination by procedure in lieu of prerogative writ; and in any such action the court may make any incidental order that it deems proper.
c. An area determined to be in need of redevelopment pursuant to this section shall be deemed to be a "blighted area" for the purposes of Article VIII, Section III, paragraph 1 of the Constitution. If an area is determined to be a redevelopment area and a redevelopment plan is adopted for that area in accordance with the provisions of this act, the municipality is authorized to utilize all those powers provided in section 8 of P.L.1992, c.79 (C.40A:12A-8), except that a municipality may not acquire any land or building by condemnation pursuant to subsection c. of that section unless the land or building is located within (1) an area that was determined to be in need of redevelopment prior to the effective date of P.L.2013, c.159, or (2) a Condemnation Redevelopment Area for which the municipality has complied with the provisions of subparagraph (e) of paragraph (5) of subsection b. of this section.
(cf: P.L.2013, c.159, s.2)
4. Section 7 of P.L.1992, c.79 (C.40A:12A-7) is amended to read as follows:
7. a. No redevelopment project shall be undertaken or carried out except in accordance with a redevelopment plan adopted by ordinance of the municipal governing body, upon its finding that the specifically delineated project area is located in an area in need of redevelopment or in an area in need of rehabilitation, or in both, according to criteria set forth in section 5 or section 14 of P.L.1992, c.79 (C.40A:12A-5 or 40A:12A-14), as appropriate.
The redevelopment plan shall include an outline for the planning, development, redevelopment, or rehabilitation of the project area sufficient to indicate:
(1) Its relationship to definite local objectives as to appropriate land uses, density of population, and improved traffic and public transportation, public utilities, recreational and community facilities and other public improvements.
(2) Proposed land uses and building requirements in the project area.
(3) Adequate provision for the temporary and permanent relocation, as necessary, of residents in the project area, including an estimate of the extent to which decent, safe and sanitary dwelling units affordable to displaced residents will be available to them in the existing local housing market.
(4) An identification of any property within the redevelopment area which is proposed to be acquired in accordance with the redevelopment plan.
(5) Any significant relationship of the redevelopment plan to (a) the master plans of contiguous municipalities, (b) the master plan of the county in which the municipality is located, and (c) the State Development and Redevelopment Plan adopted pursuant to the "State Planning Act," P.L.1985, c.398 (C.52:18A-196 et al.).
(6) As of the date of the adoption of the resolution finding the area to be in need of redevelopment, an inventory of all housing units affordable to low and moderate income households, as defined pursuant to section 4 of P.L.1985, c.222 (C.52:27D-304), that are to be removed as a result of implementation of the redevelopment plan, whether as a result of subsidies or market conditions, listed by affordability level, number of bedrooms, and tenure.
(7) A plan for the provision, through new construction or substantial rehabilitation of one comparable, affordable replacement housing unit for each affordable housing unit that has been occupied at any time within the last 18 months, that is subject to affordability controls and that is identified as to be removed as a result of implementation of the redevelopment plan. Displaced residents of housing units provided under any State or federal housing subsidy program, or pursuant to the "Fair Housing Act," P.L.1985, c.222 (C.52:27D-301 et al.), provided they are deemed to be eligible, shall have first priority for those replacement units provided under the plan; provided that any such replacement unit shall not be credited against a prospective municipal obligation under the "Fair Housing Act," P.L.1985, c.222 (C.52:27D-301 et al.), if the housing unit which is removed had previously been credited toward satisfying the municipal fair share obligation. To the extent reasonably feasible, replacement housing shall be provided within or in close proximity to the redevelopment area. A municipality shall report annually to the Department of Community Affairs on its progress in implementing the plan for provision of comparable, affordable replacement housing required pursuant to this section.
b. A redevelopment plan may include the provision of affordable housing in accordance with the "Fair Housing Act," P.L.1985, c.222 (C.52:27D-301 et al.) and the housing element of the municipal master plan.
c. The redevelopment plan shall describe its relationship to pertinent municipal development regulations as defined in the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.). The redevelopment plan shall supersede applicable provisions of the development regulations of the municipality or constitute an overlay zoning district within the redevelopment area. When the redevelopment plan supersedes any provision of the development regulations, the ordinance adopting the redevelopment plan shall contain an explicit amendment to the zoning district map included in the zoning ordinance. The zoning district map as amended shall indicate the redevelopment area to which the redevelopment plan applies. Notwithstanding the provisions of the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.) or of other law, no notice beyond that required for adoption of ordinances by the municipality shall be required for the hearing on or adoption of the redevelopment plan or subsequent amendments thereof.
d. All provisions of the redevelopment plan shall be either substantially consistent with the municipal master plan or designed to effectuate the master plan; but the municipal governing body may adopt a redevelopment plan which is inconsistent with or not designed to effectuate the master plan by affirmative vote of a majority of its full authorized membership with the reasons for so acting set forth in the redevelopment plan.
e. Prior to the adoption of a redevelopment plan, or revision or amendment thereto, the planning board shall transmit to the governing body, within 45 days after referral, a report containing its recommendation concerning the redevelopment plan. This report shall include an identification of any provisions in the proposed redevelopment plan which are inconsistent with the master plan and recommendations concerning these inconsistencies and any other matters as the board deems appropriate. The governing body, when considering the adoption of a redevelopment plan or revision or amendment thereof, shall review the report of the planning board and may approve or disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following the recommendations. Failure of the planning board to transmit its report within the required 45 days shall relieve the governing body from the requirements of this subsection with regard to the pertinent proposed redevelopment plan or revision or amendment thereof. Nothing in this subsection shall diminish the applicability of the provisions of subsection d. of this section with respect to any redevelopment plan or revision or amendment thereof.
f. (1) The governing body of a municipality may direct the planning board to prepare a redevelopment plan or an amendment or revision to a redevelopment plan for a designated redevelopment area. After completing the redevelopment plan, the planning board shall transmit the proposed plan to the governing body for its adoption. The governing body, when considering the proposed plan, may amend or revise any portion of the proposed redevelopment plan by an affirmative vote of the majority of its full authorized membership and shall record in its minutes the reasons for each amendment or revision. When a redevelopment plan or amendment to a redevelopment plan is referred to the governing body by the planning board under this subsection, the governing body shall be relieved of the referral requirements of subsection e. of this section.
(2) The drafting of the redevelopment plan shall be subject to a public hearing process conducted pursuant to the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.). If the governing body directs the planning board to prepare the redevelopment plan pursuant to this subsection, the planning board shall hold a public hearing on the plan prior to the vote on recommending the redevelopment plan to the governing body. The planning board shall also provide an opportunity for public input during the preparation of the redevelopment plan. The notice for any public meeting set forth in this section shall be provided in the manner prescribed by section 7.1 of P.L.1975, c.291 (C.40:55D-12). The redevelopment plan shall be available for public inspection in the office of the planning board at least 10 business days prior to the public hearing which precedes the vote on recommendation of the plan. If the municipal governing body prepares the redevelopment plan itself, it shall conduct a public hearing on the document in accordance with the requirements for adoption of an ordinance and may hold a public hearing prior to ordering the plan's preparation.
(cf: P.L.2008, c.46, s.2)
5. Section 8 of P.L.1992, c.79 (40A:12A-8) is amended to read as follows:
8. Upon the adoption of a redevelopment plan pursuant to section 7 of P.L.1992, c.79 (C.40A:12A-7), the municipality or redevelopment entity designated by the governing body may proceed with the clearance, replanning, development and redevelopment of the area designated in that plan. In order to carry out and effectuate the purposes of this act and the terms of the redevelopment plan, the municipality or designated redevelopment entity may:
a. Undertake redevelopment projects, and for this purpose issue bonds in accordance with the provisions of section 29 of P.L.1992, c.79 (C.40A:12A-29).
b. Acquire property pursuant to subsection i. of section 22 of P.L.1992, c.79 (C.40A:12A-22).
c. Acquire, by condemnation, any land or building which is necessary for the redevelopment project, pursuant to the provisions of the "Eminent Domain Act of 1971," P.L.1971, c.361 (C.20:3-1 et seq.), provided that the land or building is located within (1) an area that was determined to be in need of redevelopment prior to the effective date of P.L.2013, c.159, or (2) a Condemnation Redevelopment Area.
d. Clear any area owned or acquired and install, construct or reconstruct streets, facilities, utilities, and site improvements essential to the preparation of sites for use in accordance with the redevelopment plan.
e. Prepare or arrange by contract for the provision of professional services and the preparation of plans by registered architects, licensed professional engineers or planners, or other consultants for the carrying out of redevelopment projects.
f. Arrange or contract with public agencies or redevelopers for the planning, replanning, construction, or undertaking of any project or redevelopment work, or any part thereof; negotiate and collect revenue from a redeveloper to defray the costs of the redevelopment entity, including where applicable the costs incurred in conjunction with bonds, notes or other obligations issued by the redevelopment entity, and to secure payment of such revenue; as part of any such arrangement or contract, provide for extension of credit, or making of loans, to redevelopers to finance any project or redevelopment work, or upon a finding that the project or redevelopment work would not be undertaken but for the provision of financial assistance, or would not be undertaken in its intended scope without the provision of financial assistance, provide as part of an arrangement or contract for capital grants to redevelopers; and arrange or contract with public agencies or redevelopers for the opening, grading or closing of streets, roads, roadways, alleys, or other places or for the furnishing of facilities or for the acquisition by such agency of property options or property rights or for the furnishing of property or services in connection with a redevelopment area. The contract shall be made and awarded pursuant to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.). The governing body shall conduct a public hearing in accordance with the provisions of the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.) to consider the proposals of all entities seeking to be designated as the redeveloper. Each candidate shall make a presentation to the municipal governing body and respond to questions from all interested parties. Public notice of the hearing shall be made in accordance with the conditions required for a public hearing on an ordinance, and shall be delivered personally or by certified mail, return receipt requested, to all property owners whose properties lie within a radius of 200 feet beyond the boundaries of the area designated for redevelopment in the redevelopment plan. The vote of the governing body to enter into a redevelopment agreement, as defined in section 2 of P.L.1995, c.173 (40A:12A-51), shall also require a public hearing in accordance with the conditions required for hearing an ordinance, and shall include notice to all property owners whose properties lie within a radius of 200 feet beyond the boundaries of the area designated for redevelopment in the redevelopment plan. All interested parties shall have the right to question the redeveloper as well as provide input to the governing body. Any amendment to the redevelopment agreement shall also require a public hearing.
g. Except with regard to property subject to the requirements of P.L.2008, c.65 (C.40A:5-14.2 et al.), lease or convey property or improvements to any other party pursuant to this section, without public bidding and at such prices and upon such terms as it deems reasonable, provided that the lease or conveyance is made in conjunction with a redevelopment plan, notwithstanding the provisions of any law, rule, or regulation to the contrary.
h. Enter upon any building or property in any redevelopment area in order to conduct investigations or make surveys, sounding or test borings necessary to carry out the purposes of this act.
i. Arrange or contract with a public agency for the relocation, pursuant to the "Relocation Assistance Law of 1967," P.L.1967, c.79 (C.52:31B-1 et seq.) and the "Relocation Assistance Act," P.L.1971, c.362 (C.20:4-1 et seq.), of residents, industry or commerce displaced from a redevelopment area.
j. Make, consistent with the redevelopment plan: (1) plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements; and (2) plans for the enforcement of laws, codes, and regulations relating to the use and occupancy of buildings and improvements, and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements.
k. Request that the planning board recommend and governing body designate particular areas as being in need of redevelopment or rehabilitation in accordance with the provisions of this act and make recommendations for the redevelopment or rehabilitation of such areas.
l. Study the recommendations of the planning board or governing body for redevelopment of the area.
m. Publish and disseminate information concerning any redevelopment area, plan or project.
n. Do all things necessary or convenient to carry out its powers.
(cf: P.L.2013, c.159, s.3)
6. This act shall take effect immediately.
STATEMENT
This bill would ban certain contributions by redevelopers and their consultants from the onset of the redevelopment process to the completion of the redevelopment agreement. Specifically, it would prohibit a State, county, or municipal redevelopment entity from negotiating for, or entering into, a redevelopment agreement with any redeveloper to perform any work under a redevelopment plan, if, after the adoption of a memorializing resolution directing preliminary investigation to determine if a site is in need of redevelopment, that redeveloper has made a contribution that exceeds $300 to the candidate committee of a holder of a public office having ultimate responsibility for awarding the redevelopment agreement or responsibility for appointment of the officials who award the redevelopment agreement, or to any political party committee, legislative leadership committee, or political committee, or continuing political committee, which engages in the support of certain candidates in that jurisdiction, or that exceeds an annual aggregate limit of $5,000 for all such contributions of $300 or less. A redeveloper who receives a State, county, or municipal redevelopment agreement to perform work under a redevelopment plan would be prohibited from making any of these contributions during the term of such redevelopment agreement. These committees would also be unable to accept a contribution in excess of those limits from a redeveloper during the indicated time periods.
Each committee would be required to use reasonable efforts to notify contributors and potential contributors that contributions to it may affect the ability of a redeveloper to enter into a redevelopment agreement.
The Election Law Enforcement Commission would annually adjust the amounts set forth above based upon changes in the cost of living.
If a redeveloper inadvertently makes a contribution that would otherwise bar it from receiving a redevelopment agreement or makes a contribution during the term of a redevelopment agreement in violation of the bill's provisions, the redeveloper may request a full reimbursement from the recipient and, if such reimbursement is received within 30 days after the date of the general election, the redeveloper would again be eligible to receive a redevelopment agreement or would no longer be in violation, as appropriate. It would be presumed that contributions made within 60 days of a primary or general election were not made inadvertently.
Prior to awarding a redevelopment agreement, a redevelopment entity must require the redeveloper to which the redevelopment agreement is to be awarded to provide a written certification that it has not made a contribution that would bar the award of a redevelopment agreement pursuant to the bill. A redeveloper would have a continuing duty to report to the Election Law Enforcement Commission any contribution that constitutes a violation of the bill that is made during the duration of a redevelopment agreement
Under the bill, "redeveloper" means any person, firm, corporation, or public body that negotiates for, or enters into, a redevelopment agreement with a State, county, or municipal redevelopment entity for the redevelopment or rehabilitation of an area in need of redevelopment, or an area in need of rehabilitation, or any part thereof, or other work forming a part of a redevelopment or rehabilitation project, and includes all principals who own or control more than 10 percent of the profits or assets of a redeveloper or 10 percent of the stock in the case of a redeveloper that is a corporation for profit, as appropriate; a subsidiary directly or indirectly controlled by the redeveloper; and a professional, consultant, lobbyist, or governmental affairs agent who, after the date that the redeveloper enters into a redevelopment agreement, contracts with a redeveloper to perform services in connection with a redevelopment project, and if a redeveloper is a natural person, that person's spouse or child, residing therewith, are also included within this definition; and
"redevelopment entity" means a State, county, or municipal public body authorized by law to implement a redevelopment project and carry out a redevelopment plan.
It would be a breach of the terms of a redevelopment agreement for a redeveloper to make contributions, directly or indirectly, that are in violation of the bill's provisions.
Contributions made before the bill's effective date would not affect the eligibility of a redeveloper to perform under a redevelopment agreement for a redevelopment entity.
The bill would also eliminate the "Smart Growth" basis for authorizing the designation of an area in need of redevelopment and for use of eminent domain powers, because its relationship to the concept of a "blighted area," specified under the Constitution, is very tenuous.
The bill would expand the public notice requirements for redevelopment agreements, covering residents living within 200 feet of the boundaries in the area of prospective redevelopment.
The bill would provide expanded opportunities for public questions and input at planning board and council meetings concerning redevelopment decisions.
Finally, the bill would require annual disclosure of certain contributions by redevelopers to the Election Law Enforcement Commission.
