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The Redevelopment Process
Once a municipality chooses to redevelop a targeted area, it must follow the statutorily defined process set forth in the Local Redevelopment and Housing Law (LRHL). While the redevelopment process may at first appear complicated, it actually is a relatively straightforward, step-by-step process that includes the following key steps:
The first step in the redevelopment process starts with the governing body's adoption of a resolution authorizing the planning board to undertake a preliminary investigation to determine whether or not the proposed area is in need of redevelopment. The preliminary investigation begins with the preparation of a map showing the boundaries of the proposed redevelopment area and the location of the various parcels located within the area. Often, this consists of a local tax map showing the blocks and lots within the redevelopment area. The preliminary investigation includes a detailed land-use planning analysis to determine if the area is in need of redevelopment in accordance with the statutory criteria set forth in the LRHL. The results of the preliminary investigation are presented in a written report that includes recommendations on whether or not the area should be designated in need of redevelopment. The Public Hearing Once the preliminary investigation is completed, the planning board holds a public hearing and considers the recommendations and conclusions contained in the written report. During the public hearing, testimony is provided by the planning professionals who conducted the investigation and prepared the report. Evidence presented to the planning board may include photos and maps illustrating conditions within the area, as well as other documentation compiled in support of the conclusions. The planning board hearing also is the primary opportunity for interested parties, including property owners within the proposed redevelopment area and the general public, to provide comments regarding the proposed designation. As such, public notice is required. Detailed requirements for such notice are set forth within the LRHL. After completing the public hearing, the planning board may recommend to the governing body that all or a portion of the study area is in need of redevelopment. The governing body completes this part of the redevelopment process by adopting a resolution designating the area in need of redevelopment. The governing body is not required to hold a public hearing at this stage, and no formal public notice is required other than standard advertisement of the governing body's agenda. The Redevelopment Plan Once an area has been determined to be in need of redevelopment, a redevelopment plan is then prepared and adopted. The governing body either may ask the planning board to prepare a redevelopment plan, or prepare one itself. If the governing body prepares the redevelopment plan, it is required to refer the plan to the planning board for review of its consistency with the municipal master plan. The governing body must adopt the redevelopment plan by ordinance before it can take effect. Selecting the Redevelopment Entity Upon the adoption of the redevelopment plan, the municipality must determine which public agency or entity will be responsible for implementing the plan and administering redevelopment projects within the designated area. A municipality has a range of options. For example, the redevelopment entity could be the governing body, a separate redevelopment agency, or a local housing authority. Under the provisions of the County Improvement Authorities Law, a county improvement authority may be designated as the redevelopment entity for the municipality. Although not frequently used by municipalities, the New Jersey Redevelopment Authority also is empowered by statute to accept designation by a municipality as the redevelopment entity for a particular redevelopment area. In fact, the LRHL permits municipalities to designate more than one redevelopment entity within the municipality or redevelopment area. Selecting the Redeveloper The local redevelopment entity is authorized to designate one or more redevelopers to undertake redevelopment projects within the redevelopment area. The designated redeveloper can be a public agency or authority or a private developer, including nonprofit development corporations. The redeveloper may be selected through the issuance of a request for proposals or by direct negotiations with a specific developer. |