[HISTORY: Adopted by the Town Council of the Town of Phillipsburg as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-5-1996 by Ord. No. O:96-27 (Ch. 48C, Art. I of the 1969 Code)]
A. 
The municipality shall be responsible for implementing redevelopment plans and carrying out redevelopment projects as authorized by N.J.S.A. 40A:12A-4c.
[Amended 6-2-2015 by Ord. No. O:2015-14]
B. 
The Municipal 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 Municipal 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 Municipal Council to be a redevelopment area. After receiving the recommendation of the Planning Board, the Municipal Council may adopt a resolution determining that the delineated area or 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 Municipal 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 Municipal Council pursuant to its determination shall, within 45 days after the adoption by the Municipal 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 make 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 Municipal Council is authorized to utilize those powers set forth in § 117-3 herein.
Pursuant to N.J.S.A. 40A:12A-8, the municipality or redevelopment entity appointed by the Municipal 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 Municipal Council, acting in its capacity as the entity responsible for implementing redevelopment plans and carrying out redevelopment projects for the Town of Phillipsburg, shall not exercise its power to acquire property through condemnation if said property has a building or structure on it which is lawfully occupied as a residence or residences. However, nothing herein contained shall be construed to further limit the authority of the Town of Phillipsburg under the Eminent Domain Act of 1971 (N.J.S.A. 20:3-1 et seq.).
[Amended 3-7-2000 by Ord. No. O:2000-05]
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 redevelopment 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 that 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 contiguous municipalities 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 Municipal 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 Municipal Council, when considering the adoption of a redevelopment plan, or revision 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 Municipal 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 Municipal 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.
[Adopted 5-5-1998 by Ord. No. O:98-14 (Ch. 48C, Art. II of the 1969 Code)]
A. 
A body corporate and politic known as the "Phillipsburg Redevelopment Agency" be and the same shall be hereby created upon the passage of this article.
B. 
The Phillipsburg Redevelopment Agency shall be an instrumentality of the Town of Phillipsburg and shall be created pursuant to the provisions of the Local Authorities Fiscal Control Law (N.J.S.A. 40A:5A-1 et seq.).
A. 
The Phillipsburg Redevelopment Agency shall consist of seven Commissioners. The Commissioners shall be appointed by the governing body, in the manner generally required for appointments in the Town of Phillipsburg.
B. 
Each Commissioner shall serve for a term of five years; except that the first of these appointees shall be designated to serve for the following terms: one for a term of one year, one for a term of two years, two for a term of three years, one for a term of four years and two for a term of five years.
C. 
No more than two Commissioners shall be officers or employees of the municipality.
D. 
Each Commissioner shall hold office for the term of his appointment and until his successor shall have been appointed and qualified.
E. 
Any vacancy occurring in the office of Commissioner, from any cause, shall be filled in the same manner as the original appointment, but for the unexpired term.
F. 
Not more than two of the Commissioners shall be members of the governing body and shall serve for a term of one year.
G. 
A certificate of the appointment or reappointment of each Commissioner shall be filed with the Clerk, and that certificate shall be conclusive evidence of the due and proper appointment of that Commissioner.
H. 
A Commissioner shall receive no compensation for his or her services but shall be entitled to reimbursement for actual expenses incurred and the discharge of the duties of the Commissioner, including travel expenses.
I. 
The powers of the Agency shall be vested in the Commissioners thereof in office from time to time. Four Commissioners shall constitute a quorum for the purpose of conducting business and exercising powers and all other purposes. Action may be taken by the Agency upon the affirmative vote of the majority, but no less than four of the Commissioners present, unless in any case the bylaws of the Agency require a larger number. The Agency shall select a Chairman and a Vice Chairman from among the Commissioners, and it shall employ an Executive Director, who shall be its Secretary.
No Commissioner or employee of an agency shall acquire any interest, direct or indirect, in a redevelopment project or in any property included or planned to be included in a project, nor shall be have any interest, direct or indirect, in any contract or proposed contract for materials and services to be furnished or used in connection with a project. All other terms of N.J.S.A. 40A:12A-11c shall be implemented herein.
All applications for development or redevelopment of a designated redevelopment area or portion of a redevelopment area shall be submitted to the Municipal Planning Board for its review and approval in accordance with the requirements for review and approval of subdivisions and site plans as set forth by ordinance adopted pursuant to the Municipal Land Use Law[1] (N.J.S.A. 40:55D-1 et seq.).
[1]
Editor's Note: See Ch. 360, Land Use Procedures.
A delineated area may be determined to be in need of redevelopment if, after investigation, notice and hearing as provided in N.J.S.A. 40A:12A-6, the governing body of the Town, by resolution, includes that, within the delineated area, items under N.J.S.A. 40A:12A-5a through 40A:12A-5h apply to that designated area.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Prior to adoption of the resolution, the governing body shall submit it to the Municipal Planning Board for its review. Within 45 days of its receipt of the proposed resolution, the Municipal Planning Board shall submit its recommendations regarding the proposed resolution, including any modifications which it may recommend, to the governing body for its consideration. Thereafter, or after the expiration of the 45 days if the Municipal Planning Board does not submit recommendations, the governing body may adopt the resolution, with or without modification.
B. 
A delineated area shall be deemed to have been determined to be an area in need of rehabilitation in accordance with the provision of this act if it has heretofore been determined to be an area in need of rehabilitation pursuant to N.J.S.A. 54:4-3.72 et seq.,[1] N.J.S.A. 54:4-3.95 et seq.[2] or N.J.S.A. 54:4-3.121 et seq.[3]
[1]
Editor's Note: N.J.S.A. 54:4-3.72 to 54:4-3.78 were repealed by L. 1991, c. 441, § 22, effective 1-18-1992. see now N.J.S.A. 40A:21-1 et seq.
[2]
Editor's Note: N.J.S.A. 54:4-3.95 to 54:4-3.112 were repealed by L. 1991, c. 441, § 22, effective 1-18-1992. See now N.J.S.A. 40A:21-1 et seq.
[3]
Editor's Note: N.J.S.A. 54:4-3.121 to 54:4-3.129 were repealed by L. 1991, c. 441, § 22, effective 1-18-1992. See now N.J.S.A. 40A:21-1 et seq.
In accordance with the provisions of a redevelopment plan adopted pursuant to N.J.S.A. 40A:12A-7, a municipality or redevelopment entity may proceed with clearance, replanning, conservation, development, redevelopment and rehabilitation of an area in need of rehabilitation. With respect to a redevelopment project in an area in need of redevelopment or with rehabilitation, the municipality or redevelopment entity, upon the adoption of a redevelopment plan for the area, may perform any of the actions set forth in N.J.S.A. 40A:12A-8, except that with respect to such a project the municipality shall not have the power to take or acquire private property by condemnation in furtherance of a redevelopment plan, unless the area is within an area determined to be in need of redevelopment pursuant to this act or exercise of that power is authorized under any other law of this state.