Bill > A1037

Introduced Session

This bill would amend provisions of the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et seq., hereinafter, the LRHL) to clarify the statutory criteria for determining when an area is in need of redevelopment. To that end, the bill would add a definition for the term "detrimental to the safety, health, or welfare of the community" to mean "objective evidence of detriment, including, but not limited to, substantial building or health code violations, excessive police activity, a lack of structural integrity, or a continuing exterior appearance that detracts from the community or surrounding properties, in each case, which is proven to be more costly to restore than to replace. The bill specifies that, with regard to commercial property, "objective evidence of detriment" may also include "a lack of proper utilization of the land or structures that leads to substantial economic stagnation or unproductive condition of the land." Additionally, the bill would delete from the definition of the term "redevelopment area" in the LRHL, language that currently allows a redevelopment area to contain "lands, buildings, or improvements which of themselves are not detrimental to the public health, safety or welfare" if their inclusion is found to be necessary for the effective redevelopment of the area. The bill would also require a municipal governing body to determine that an area is in need of redevelopment by adoption of an ordinance rather than a resolution. The bill proposes various changes to section 5 of P.L.1992, c.79 (C.40A:12A-5) to clarify the statute's criteria for determining when an area is in need of redevelopment. In this regard, the bill proposes deleting: certain criteria from the statute allowing designation on a finding (concerning the generality of buildings being 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); and certain criteria from the statute which authorizes the designation of a redevelopment area if doing so is consistent with smart growth planning principles. Finally, the bill would amend the LRHL to authorize a municipal governing body to submit a nonbinding referendum to ascertain the sentiment of the voters on a proposed amendment to the zoning ordinance.

Committee Categories

Nancy Muñoz (R)*, 

Introduced, Referred to Assembly Housing Committee (on 01/09/2024)

Official Document