Borough of Garwood, NJ Article I Application for Designation of a Redevelopment Area

§ 130-1 Application authorized.

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.

§ 130-2 Required submissions.

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.

§ 130-3 Procedure.

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.

§ 130-4 Application fee.

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.

§ 130-5 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.

§ 130-6 Discretion of public bodies.

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.