Bill > S917

Introduced Session

This bill establishes the "Monmouth Economic Revitalization Authority" ("the authority") as the successor to the "Fort Monmouth Economic Revitalization Planning Authority" ("the predecessor authority"), which is abolished. The predecessor authority was designated by the federal government as the entity to develop a comprehensive conversion and revitalization plan for the territory encompassed by Fort Monmouth, which facility is to be closed under the federal Base Closure and Realignment law. The predecessor authority submitted the conversion and revitalization plan, entitled the "Fort Monmouth Reuse and Redevelopment Plan," as well as a homeless assistance submission, on September 4, 2008 to the federal government. The new authority has as its purpose the oversight, administration and implementation of the revitalization plan. The membership of the authority, which is allocated in but not of the Department of the Treasury, is to consist of 13 members of which nine are voting members as follows: three members appointed by the Governor for staggered terms with the advice and consent of the Senate; the chief executive officer of the Economic Development Authority ("EDA"), another member of the Executive Branch, ex officio, a resident of Monmouth County ("the county") appointed by the Board of Chosen Freeholders, and the mayors of Eatontown, Oceanport, and Tinton Falls; and four ex officio non-voting members: the Commissioners of Labor and Workforce Development, Environmental Protection, Community Affairs, and Transportation. The authority is to be staffed by an office established by this bill in the EDA and consisting of EDA staff under EDA supervision. The authority is given extensive power to revitalize and redevelop the Fort Monmouth area (the "project area") in implementing the revitalization plan. Among these powers are the powers to: (1) enter into a master redevelopment agreement with the EDA and to delegate certain of its powers to the EDA as master redeveloper; (2) undertake redevelopment projects; (3) adopt development and design guidelines and land use regulations and, if so designated, to adopt the homeless assistance submission required under the federal Base Closure and Realignment law; (4) acquire, including by condemnation, properties within the project area where necessary in connection with the provision of utilities, streets, roads or other infrastructure required for the implementation of the revitalization plan; and (5) consent to a request by a host municipality for, or request that the host municipality consider, the designation of portions of the project area as being in need of redevelopment or rehabilitation in accordance with the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et al.). The revitalization plan and the development and design guidelines and land use regulations adopted by the authority will supersede the master plan, zoning and land use ordinances and regulations, and zoning maps of the host municipalities (Eatontown, Oceanport and Tinton Falls) in the project area, except for applications for subdivision or site plan approval, although the applications are to utilize the authoritys guidelines and regulations. The authority may act by an affirmative vote of five members on most matters, but an affirmative vote of seven members is required for any action to: 1) revise the revitalization plan or to adopt or revise the development and design guidelines or land use regulations adopted by the authority; 2) enter into a master redevelopment agreement with the EDA; 3) adopt any amendment to the plan pursuant to section 16 of the bill; 4) acquire easements, rights of way, or fee title to properties pursuant to subsection g. of section 9 of the bill; 5) undertake a project by the authority or the EDA; 6) grant a variance from the requirements of the master plan, development and design guidelines or land use regulations adopted by the authority; or 7) consent to the designation of any portion of the project area as an area in need of redevelopment or in need of rehabilitation. The authority is to prepare a business plan which comprises all issues related to the closure, conversion, revitalization and future use of Fort Monmouth and also including analyses and strategies dealing with such matters as the economic impact of the project, job creation, cash flow, investment and financing strategy, etc. All redevelopments within the project area are to be implemented pursuant to a redevelopment agreement between the authority or the redeveloper, or the authority and the EDA as master redeveloper, or between the EDA as master redeveloper and the redeveloper. The bill authorizes the creation of various special purpose districts, namely, special improvement districts, a transportation planning district and infrastructure districts. The special improvement district is an area within the Fort Monmouth area designated by the authority in which a special assessment on property within the district may be imposed for the purposes of promoting the economic and general welfare of the Fort Monmouth area. A special assessment is to be imposed and collected by the affected municipalities and all or a portion of these payments are to be transferred to the authority. The improvements for which the assessments are to be imposed are local improvements under R.S.40:56-1 et seq. Such improvements will be financed by the authority. This district is modeled on the special improvement districts which may be designated by municipalities pursuant to P.L.1972, c.134 (C.40:56-65 et seq.). The bill establishes the project area as the Fort Monmouth Transportation Planning District. The district, which is modeled on the Hackensack Meadowlands Transportation Planning District established pursuant to P.L.2005, c.102 (C.13:17-95 et seq.), permits the authority to provide for the assessment and collection of development fees on developments within the district. The fees would be used to fund transportation projects and allowable administrative costs within the district. The bill authorizes the authority to create an infrastructure district or districts and, if so determined by the authority, the receipts of certain sales within the district will be exempt to the extent of 50 percent of the States sales tax and the authority may adopt a franchise assessment not to exceed an amount equivalent to 50 percent of the sales tax. This concept is based on a provision of the "Large Site Landfill Reclamation and Improvement Law," P.L.1995, c.173 (C.40A:12A-50 et seq.), which was used to finance the infrastructure related to Jersey Gardens Mall in Elizabeth. The resolution establishing the infrastructure district shall contain findings that the imposition of the franchise assessment is necessary because of the substantial risks undertaken to develop an infrastructure district. The permitted uses of the franchise assessment include the provision of loans, grants, or debt service for financing or refinancing on-site or off-site infrastructure improvements, parking or transportation facilities, or work that reduces, abates, or prevents environmental pollution, or other improvements that provide a public benefit within or to an infrastructure district. The bill provides for the repeal of certain sections of P.L.2006, c.16 (C.52:27I-1 et seq.) which relate to the predecessor authority.

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Joe Cryan (D)*,  Angel Fuentes (D)*,  Raymond Lesniak (D)*,  Annette Quijano (D)*,  Jennifer Beck (R),  Upendra Chivukula (D),  Albert Coutinho (D),  Joseph Kyrillos (R),  Declan O'Scanlon (R), 

Approved P.L.2010, c.51. (on 08/17/2010)