New Jersey § 40a:12a-14

§ 40a:12a-14.

a. A delineated area may be determined to be in need of rehabilitation if the governing

body of the municipality determines by resolution that a program of rehabilitation, as defined in section 3 of P.L.1992, c. 79 ( C.40A:12A-3 ), may be expected to prevent further deterioration and promote the overall development

of the community; and that there exist in that area any of the following conditions such that (1) a significant portion of structures therein are in a deteriorated

or substandard condition ; (2) more than half of the housing stock in the delineated area is at least 50 years

old; (3) there is a pattern of vacancy, abandonment or underutilization of properties in the area ; (4) there is a persistent arrearage of property tax payments on properties in the area; (5) environmental contamination is discouraging improvements

and investment in properties in the area; or (6) a majority of the water and sewer infrastructure in the delineated area is at least

50 years old and is in need of repair or substantial maintenance . Where warranted by consideration of the overall conditions and requirements of the

community, a finding of need for rehabilitation may extend to the entire area of a

municipality. 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. The resolution shall not become effective without the approval of the commissioner

pursuant to section 6 of P.L.1992, c. 79 ( C.40A:12A-6 ), if otherwise required pursuant to that section. b. A delineated area shall be deemed to have been determined to be an area in need

of rehabilitation in accordance with the provisions of this act if it has heretofore

been determined to be an area in need of rehabilitation pursuant to P.L.1975, c. 104

( C.54:4-3.72 et seq. ), P.L.1977, c. 12 ( C.54:4-3.95 et seq. ) or P.L.1979, c. 233 ( C.54:4-3.121 et al.). c. (1) A municipality may adopt an ordinance declaring a renovation housing project

to be an area in need of rehabilitation for the purposes of Article VIII, Section I, paragraph 6 of the New Jersey Constitution if the need for renovation resulted from conflagration. (2) For the purposes of this subsection, “ renovation housing project ” means any work or undertaking to provide a decent, safe, and sanitary dwelling,

to exclusively benefit a specific household, by the renovation, reconstruction, or

replacement of the household's home on the same lot by either a charitable entity

organized to perform home renovations or by a for-profit builder using 75% or more

volunteer labor-hours to accomplish the construction for the project. The undertaking may include any buildings; demolition, clearance, or removal of

buildings from land; equipment; facilities; or other personal properties or interests

therein which are necessary, convenient, or desirable appurtenances of the undertaking. d. (1) A municipality may adopt an ordinance declaring a renovation housing project

to be an area in need of rehabilitation for the purposes of Article VIII, Section I, paragraph 6 of the New Jersey Constitution if at least half of the number of people occupying the dwelling as their primary

residence qualify for a federal income tax credit pursuant to 26 U.S.C. s.22 as a result of being permanently and totally disabled and the improvements to be

made to the dwelling are made substantially to accommodate those disabilities. (2) For the purposes of this subsection, “ renovation housing project ” means any work or undertaking to provide a decent, safe, and sanitary single-family

dwelling, to exclusively benefit at least half of the number of people occupying a

dwelling as their primary residence, by the renovation, reconstruction, or replacement

of that dwelling on the same lot by either a charitable entity organized to perform

home renovations or by a for-profit builder using 75% or more volunteer labor-hours

to accomplish the construction for the project. The undertaking may include any buildings; demolition, clearance, or removal of

buildings from land; equipment; facilities; or other personal properties or interests

therein which are necessary, convenient, or desirable appurtenances of the undertaking.