The owner of any real property in the Borough
of Garwood may submit an application to the Mayor and Council of the
Borough of Garwood for the designation of its real property as a redevelopment
area, as that term is used in the Redevelopment and Housing Law, N.J.S.A.
40A:12A-1 et seq. An owner may authorize, in writing, another person
or entity to submit such an application.
Each application for designation of a redevelopment
area shall include all required fees and escrows and 24 copies of
the following:
A. A fully completed application for designation of a
redevelopment area.
B. A map of the entire tract depicting, at minimum, all of the information required by §
106-70A of this Code.
C. A concept plan depicting the nature, features and
proposed use of the property.
Upon receipt of a complete application and all
required fees and escrows, the Mayor and Council shall determine whether
or not to adopt a resolution pursuant to N.J.S.A. 40A:12A-6a to 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 N.J.S.A. 40A:12A-5. If the Mayor and Council
shall not adopt such a resolution within 45 days of receipt of a complete
application and all required fees and escrows, then, upon request
of the applicant, all fees and escrows shall be returned to the applicant.
If the Mayor and Council adopts a resolution authorizing the Planning
Board to undertake such preliminary investigation, the procedure shall
be as set forth in the Redevelopment and Housing Law, N.J.S.A. 40A:12A-1
et seq. Adoption of such resolution shall not obligate the Planning
Board or the governing body to recommend or to adopt a recommendation
to designate the property in question as a redevelopment area.
The fee for an application for designation of
a redevelopment area shall be $1,500. Additionally, applicant shall
be liable for all publication fees, mailing costs and any other disbursements
by the municipality in connection with the consideration or adoption
of any ordinance or resolution, which fees shall be paid in advance
by applicant or deducted from applicant's escrow deposit.
Applicant shall be required to make an escrow deposit to pay for the services of professionals employed by the Borough or the Planning Board to review the application for designation of a redevelopment area and to review and prepare documents in connection with the consideration or adoption of the redevelopment area. The Borough shall deposit the money in an escrow account which shall be administered as an escrow account made in accordance with N.J.S.A. 40:55D-53.1 and §
106-87 of this Code. The amount of the initial deposit shall be $2,000, which amount shall be increased to $4,000 if, in accordance with N.J.S.A. 40A:12A-6b(5), the municipal governing body shall adopt a resolution determining that the area in question is a redevelopment area.
Any decision of the Mayor and Council or the
Planning Board to act or not to act on any application or any step
in the redevelopment process shall be deemed a legislative act in
the sole discretion of the Mayor and Council or the Planning Board,
as the case may be. The undertaking of any step in the process shall
not require the undertaking of any further step.