The Mayor and Council of the Township of Lopatcong shall be responsible
for implementing redevelopment plans and carrying out redevelopment projects
as authorized by N.J.S.A. 40A:12A-4(c).
The Mayor and Council shall have the power to cause a preliminary investigation
to be made by the Planning Board as to whether an area is in need of redevelopment,
determine that an area is in need of redevelopment, adopt a redevelopment
plan for the area and determine that an area is in need of rehabilitation.
The following procedures shall govern the determination that a proposed area
is an Area in Need of Redevelopment:
A. No area of a municipality shall be determined a redevelopment
area unless the Mayor and Council 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 N.J.S.A.
40A:12A-5. Such determination shall be made after public notice and public
hearing conducted by the Planning Board.
B. 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 located
therein. There shall be appended to the map a statement setting forth the
basis of the investigation.
C. The Planning Board shall specify a date for and give
a 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.
D. 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 in the office of the Municipal Clerk. 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 not
be less than 10 days prior to the date set for the hearing. A copy of the
notice shall be mailed at least 10 days prior to the date set for the hearing
to the last owner, if any, of each parcel of property within 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 any interest in such parcel. 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.
E. 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 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.
F. 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 Mayor and Council to be a redevelopment area.
After receiving the recommendation of the Planning Board, the Mayor and Council
may adopt a resolution determining that the delineated area of any part thereof
is a redevelopment area. The determination, if supported by substantial evidence,
shall be binding and conclusive on all persons affected by the determination.
Notice of the determination shall be served within 10 days after the determination
upon each person who filed a written objection thereto, and stated, in or
upon the written submission, an address to which the notice of determination
may be sent.
G. If written objections were filed in connection with the
hearing, the Mayor and Council shall, for 45 days next following its determination
to which the objections were filed, take no further action to acquire any
property by condemnation within the redevelopment area.
H. If a person who filed a written objection to a determination
by the Mayor and Council pursuant to its determination shall, within 45 days
after the adoption by the Mayor and Council of the determination to which
the person objected, 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 take any incidental order that it deems proper.
I. An area in need of redevelopment shall be deemed to be a "blighted area" for the purpose of Article VIII, Section III, Paragraph 1 of the Constitution. If the area is determined to be a redevelopment area and a redevelopment plan is adopted for that area, the Mayor and Council are authorized to utilize those powers set forth in §
171-3 herein.
Pursuant to N.J.S.A. 40A:12A-8, the municipality or redevelopment entity
appointed by the Mayor and Council shall have the following powers:
A. Issue bonds in order to undertake redevelopment projects.
B. Acquire property by contract or by eminent domain through
condemnation. However, the Mayor and Council acting in its capacity as the
entity responsible for implementing redevelopment plans and carrying out redevelopment
projects for the Township of Lopatcong shall not exercise its power to acquire
property through condemnation if said property has a building or structure
on it which is lawfully occupied. However, nothing herein contained shall
be construed to further limit the authority of the Township of Lopatcong under
the Eminent Domain Act of 1971 (N.J.S.A. 20:1 et seq.).
C. Clear any area owned or acquired, and install, construct,
reconstruct streets, facilities, utilities and site improvements essential
to the preparation of sites in accordance with a redevelopment plan.
D. Prepare or arrange by contract for the provision of professional
services, including architects, engineers, planners and attorneys for carrying
out redevelopment projects.
E. Arrange or contract with public agencies or private redevelopers
for the planning, replanning, construction, reconstruction or the undertaking
of any project or development work; negotiate and collect revenue from a redeveloper
to defray the cost of such activities; provide for the extension of credit
or grants to a private redeveloper; arrange or contract with public agencies
or private redevelopers for the opening, grading or closing of streets, roadways,
alleys or other places; arrange or contract for the acquisition of property
options, property rights and easements in connection with a redevelopment
area.
F. Lease or convey property or improvements to any other
party without the need for public bidding and at such prices and under such
terms as it deems reasonable, provided said transactions are in conjunction
with a redevelopment plan.
G. Make, consistent with the redevelopment plan, plans for
carrying out a program of voluntary repair and rehabilitation of buildings
and improvements and 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 or improvements.
H. Request that the Planning Board recommend and the governing
body designate particular areas as being in need of redevelopment or in need
of rehabilitation and make recommendation for the redevelopment or rehabilitation
of such areas.
I. Study the recommendations of the Planning Board for such
area.
J. Publish or disseminate information concerning any redevelopment
area, plan or project.
K. Do all things necessary or convenient to carry out its
powers.
No redevelopment project shall be undertaken or carried out except in
accordance with a redevelopment plan adopted by ordinance of the Municipal
Council. The redevelopment plan shall include an outline for the planning,
development, redevelopment or rehabilitation of the project area sufficient
to indicate:
A. Its relationship to local objectives as to appropriate
land uses, density of population, traffic and public transportation, public
utilities, recreational and community facilities and other public improvements.
B. Proposed land uses and building requirements in the project
area.
C. Identification of any property within the redevelopment
area which is proposed to be acquired in accordance with the redevelopment
plan.
D. Any significant relationship of the redevelopment plan
to the Master Plan of a contiguous municipality and to the State Development
and Redevelopment Plan.
Prior to adoption of a redevelopment plan, or revision or amendment
thereto, the Planning Board shall transmit to the Mayor and Council, 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 the Board deems appropriate. The Mayor and Council, when considering
the adoption of a redevelopment plan, or recision 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 Mayor and Council of this section with regard to the
pertinent proposed redevelopment plan or revision or amendment thereof.
The redevelopment plan shall supersede applicable provisions of the
development regulations of the municipality or constitute an overlay zoning
district within the redevelopment area. All provisions of the redevelopment
plan shall either be substantially consistent with the municipal Master Plan
or designed to effectuate the Master Plan; but the Mayor and Council 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.