Read the full stored bill text
A5147
ASSEMBLY, No. 5147
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MAY 28, 2026
Sponsored by:
Assemblyman� GREGORY P. MCGUCKIN
District 10 (Monmouth and Ocean)
SYNOPSIS
���� Expands conditions for areas in need of redevelopment
to include sites designated by municipality for affordable housing under
certain circumstances.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning
certain areas in need of redevelopment and amending P.L.1992, c.79.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� Section 5 of P.L.1992,
c.79 (C.40A:12A-5) is amended to read as follows:
���� 5.��� A delineated area may be
determined to be in need of redevelopment if, after investigation, notice and
hearing as provided in section 6 of P.L.1992, c.79 (C.40A:12A-6), the governing
body of the municipality by resolution concludes that within the delineated
area any of the following conditions is found:
���� a.���� The generality of
buildings are substandard, unsafe, unsanitary, dilapidated, or obsolescent, or
possess any of such characteristics, or are so lacking in light, air, or space,
as to be conducive to unwholesome living or working conditions.
���� b.��� The discontinuance of
the use of a building or buildings previously used for commercial, retail,
shopping malls or plazas, office parks, manufacturing, or industrial purposes;
the abandonment of such building or buildings; significant vacancies of such building
or buildings for at least two consecutive years; or the same being allowed to
fall into so great a state of disrepair as to be untenantable.
���� c.���� Land that is owned by
the municipality, the county, a local housing authority, redevelopment agency
or redevelopment entity, or unimproved vacant land that has remained so for a
period of ten years prior to adoption of the resolution, and that by reason of
its location, remoteness, lack of means of access to developed sections or
portions of the municipality, or topography, or nature of the soil, is not
likely to be developed through the instrumentality of private capital.
���� d.��� Areas with buildings or
improvements which, by reason of dilapidation, obsolescence, overcrowding,
faulty arrangement or design, lack of ventilation, light and sanitary
facilities, excessive land coverage, deleterious land use or obsolete layout,
or any combination of these or other factors, are detrimental to the safety,
health, morals, or welfare of the community.
���� e.���� A growing lack or total
lack of proper utilization of areas caused by the condition of the title,
diverse ownership of the real properties therein or other similar conditions
which impede land assemblage or discourage the undertaking of improvements, resulting
in a stagnant and unproductive condition of land potentially useful and
valuable for contributing to and serving the public health, safety and welfare,
which condition is presumed to be having a negative social or economic impact
or otherwise being detrimental to the safety, health, morals, or welfare of the
surrounding area or the community in general.
���� f.���� Areas, in excess of
five contiguous acres, whereon buildings or improvements have been destroyed,
consumed by fire, demolished or altered by the action of storm, fire, cyclone,
tornado, earthquake or other casualty in such a way that the aggregate assessed
value of the area has been materially depreciated.
���� g.��� In any municipality in
which an enterprise zone has been designated pursuant to the "New Jersey
Urban Enterprise Zones Act," P.L.1983, c.303 (C.52:27H-60 et seq.) the
execution of the actions prescribed in that act for the adoption by the municipality
and approval by the New Jersey Urban Enterprise Zone Authority of the zone
development plan for the area of the enterprise zone shall be considered
sufficient for the determination that the area is in need of redevelopment
pursuant to sections 5 and 6 of P.L.1992, c.79 (C.40A:12A-5 and 40A:12A-6) for
the purpose of granting tax exemptions within the enterprise zone district
pursuant to the provisions of P.L.1991, c.431 (C.40A:20-1 et seq.) or the
adoption of a tax abatement and exemption ordinance pursuant to the provisions
of P.L.1991, c.441 (C.40A:21-1 et seq.). The municipality shall not utilize any
other redevelopment powers within the urban enterprise zone unless the
municipal governing body and planning board have also taken the actions and
fulfilled the requirements prescribed in P.L.1992, c.79 (C.40A:12A-1 et al.)
for determining that the area is in need of redevelopment or an area in need of
rehabilitation and the municipal governing body has adopted a redevelopment
plan ordinance including the area of the enterprise zone.
���� h.��� The designation of the
delineated area is consistent with smart growth planning principles adopted
pursuant to law or regulation.
����
i.���� The area is a site
designated in the municipality�s adopted housing element and fair share plan to
provide for inclusionary development that includes both market rate and affordable
housing projects, or 100 percent affordable housing projects, where the housing
element and fair share plan has also been approved by a court, to meet the municipality�s
constitutional and court mandated affordable housing obligation pursuant to the
"Fair Housing Act," P.L.1985, c.222 (C.52:27D-301 et al.).
(cf: P.L.2019, c.229, s.1)
���� 2.��� This act shall take
effect immediately.
STATEMENT
���� This bill amends the "Local
Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et seq.) to
expand the conditions needed for an area determined to be in need of
redevelopment to include areas designated in the municipality�s adopted housing
element and fair share plan to provide for inclusionary development that
includes both market rate and affordable housing projects, or 100 percent
affordable housing projects, where the housing element and fair share plan has
also been approved by a court, to meet the municipality�s constitutional and
court mandated affordable housing obligation pursuant to the "Fair Housing
Act," P.L.1985, c.222 (C.52:27D-301 et al.).