New Jersey § 40a:12a-3

Full text of New Jersey New Jersey Statutes § 40a:12a-3, with citation guidance and answers to common questions.

§ 40a:12a-3.

As used in this act: “ Bonds ” means any bonds, notes, interim certificates, debentures or other obligations issued

by a municipality, county, redevelopment entity, or housing authority pursuant to P.L.1992, c. 79 ( C.40A:12A-1 et al.). “ Comparable, affordable replacement housing ” means newly-constructed or substantially rehabilitated housing to be offered to

a household being displaced as a result of a redevelopment project, that is affordable

to that household based on its income under the guidelines established by the Council

on Affordable Housing in the Department of Community Affairs for maximum affordable

sales prices or maximum fair market rents, and that is comparable to the household's

dwelling in the redevelopment area with respect to the size and amenities of the dwelling

unit, the quality of the neighborhood, and the level of public services and facilities

offered by the municipality in which the redevelopment area is located. “ Development ” means the division of a parcel of land into two or more parcels, the construction,

reconstruction, conversion, structural alteration, relocation, or enlargement of any

building or other structure, or of any mining, excavation or landfill, and any use

or change in the use of any building or other structure, or land or extension of use

of land, for which permission may be required pursuant to the “Municipal Land Use

Law,” P.L.1975, c. 291 ( C.40:55D-1 et seq. ). “ Electric vehicle charging station ” means an electric component assembly or cluster of component assemblies designed

specifically to charge batteries within electric vehicles by permitting the transfer

of electric energy to a battery or other storage device in an electric vehicle. “ Governing body ” means the body exercising general legislative powers in a county or municipality

according to the terms and procedural requirements set forth in the form of government

adopted by the county or municipality. “ Housing authority ” means a housing authority created or continued pursuant to this act. “ Housing project ” means a project, or distinct portion of a project, which is designed and intended

to provide decent, safe and sanitary dwellings, apartments or other living accommodations

for persons of low and moderate income; such work or undertaking may include buildings,

land, equipment, facilities and other real or personal property for necessary, convenient

or desirable appurtenances, streets, sewers, water service, parks, site preparation,

gardening, administrative, community, health, recreational, educational, welfare or

other purposes. The term “ housing project ” also may be applied to the planning of the buildings and improvements, the acquisition

of property, the demolition of existing structures, the construction, reconstruction,

alteration and repair of the improvements and all other work in connection therewith. “ Parking authority ” means a public corporation created pursuant to the “Parking Authority Law,” P.L.1948,

c. 198 ( C.40:11A-1 et seq. ), and authorized to exercise redevelopment powers within the municipality. “ Persons of low and moderate income ” means persons or families who are, in the case of State assisted projects or programs,

so defined by the Council on Affordable Housing in the Department of Community Affairs,

or in the case of federally assisted projects or programs, defined as of “low and

very low income” by the United States Department of Housing and Urban Development. “ Public body ” means the State or any county, municipality, school district, authority or other

political subdivision of the State. “ Public electric vehicle charging station ” means an electric vehicle charging station located at a publicly available parking

space. “ Public housing ” means any housing for persons of low and moderate income owned by a municipality,

county, the State or the federal government, or any agency or instrumentality thereof. “ Public hydrogen fueling station ” means publicly available equipment to store and dispense hydrogen fuel to vehicles

according to industry codes and standards. “ Publicly assisted housing ” means privately owned housing which receives public assistance or subsidy, which

may be grants or loans for construction, reconstruction, conservation, or rehabilitation

of the housing, or receives operational or maintenance subsidies either directly or

through rental subsidies to tenants, from a federal, State or local government agency

or instrumentality. “ Publicly available parking space ” means a parking space that is available to, and accessible by, the public and may

include on-street parking spaces and parking spaces in surface lots or parking garages,

but shall not include: a parking space that is part of, or associated with, a private

residence; or a parking space that is reserved for the exclusive use of an individual

driver or vehicle or for a group of drivers or vehicles, such as employees, tenants,

visitors, residents of a common interest development, or residents of an adjacent

building. “ Real property ” means all lands, including improvements and fixtures thereon, and property of any

nature appurtenant thereto or used in connection therewith, and every estate, interest

and right, legal or equitable, therein, including terms for years and liens by way

of judgment, mortgage or otherwise, and indebtedness secured by such liens. “ Redeveloper ” means any person, firm, corporation or public body that shall enter into or propose

to enter into a contract with a municipality or other redevelopment entity for the

redevelopment or rehabilitation of an area in need of redevelopment, or an area in

need of rehabilitation, or any part thereof, under the provisions of this act, or

for any construction or other work forming part of a redevelopment or rehabilitation

project. “ Redevelopment ” means clearance, replanning, development and redevelopment; the conservation and

rehabilitation of any structure or improvement, the construction and provision for

construction of residential, commercial, industrial, public or other structures and

the grant or dedication of spaces as may be appropriate or necessary in the interest

of the general welfare for streets, parks, playgrounds, or other public purposes,

including recreational and other facilities incidental or appurtenant thereto, in

accordance with a redevelopment plan. “ Redevelopment agency ” means a redevelopment agency created pursuant to subsection a. of section 11 of P.L.1992, c. 79 ( C.40A:12A-11 ) or established heretofore pursuant to the “Redevelopment Agencies Law,” P.L.1949,

c. 306 ( C.40:55C-1 et al.), repealed by this act, 1 which has been permitted in accordance with the provisions of this act to continue

to exercise its redevelopment functions and powers. “ Redevelopment area ” or “ area in need of redevelopment ” means an area determined to be in need of redevelopment pursuant to sections 5 and

6 of P.L.1992, c. 79 ( C.40A:12A-5 and 40A:12A-6 ) or determined heretofore to be a “blighted area” pursuant to P.L.1949, c. 187 ( C.40:55-21.1 et seq. ) repealed by this act, 1 both determinations as made pursuant to the authority of Article VIII, Section III, paragraph 1 of the Constitution . A redevelopment area may include lands, buildings, or improvements which of themselves

are not detrimental to the public health, safety or welfare, but the inclusion of

which is found necessary, with or without change in their condition, for the effective

redevelopment of the area of which they are a part. “ Redevelopment entity ” means a municipality or an entity authorized by the governing body of a municipality

pursuant to subsection c. of section 4 of P.L.1992, c. 79 ( C.40A:12A-4 ) to implement redevelopment plans and carry out redevelopment projects in an area

in need of redevelopment, or in an area in need of rehabilitation, or in both. “ Redevelopment plan ” means a plan adopted by the governing body of a municipality for the redevelopment

or rehabilitation of all or any part of a redevelopment area, or an area in need of

rehabilitation, which plan shall be sufficiently complete to indicate its relationship

to definite municipal objectives as to appropriate land uses, public transportation

and utilities, recreational and municipal facilities, and other public improvements;

and to indicate proposed land uses and building requirements in the redevelopment

area or area in need of rehabilitation, or both. “ Redevelopment project ” means any work or undertaking pursuant to a redevelopment plan; such undertaking

may include any buildings, land, including demolition, clearance or removal of buildings

from land, equipment, facilities, or other real or personal properties which are necessary,

convenient, or desirable appurtenances, such as but not limited to streets, sewers,

utilities, parks, site preparation, landscaping, and administrative, community, health,

recreational, educational, and welfare facilities , and zero-emission vehicle fueling and charging infrastructure. “ Rehabilitation ” means an undertaking, by means of extensive repair, reconstruction or renovation

of existing structures, with or without the introduction of new construction or the

enlargement of existing structures, in any area that has been determined to be in

need of rehabilitation or redevelopment, to eliminate substandard structural or housing

conditions and arrest the deterioration of that area. “ Rehabilitation area ” or “ area in need of rehabilitation ” means any area determined to be in need of rehabilitation pursuant to section 14

of P.L.1992, c. 79 ( C.40A:12A-14 ). “ Zero-emission vehicle ” means a vehicle certified as a zero emission vehicle pursuant to the California

Air Resources Board zero emission vehicle standards for the applicable model year,

including but not limited to, battery electric-powered vehicles and hydrogen fuel

cell vehicles. “ Zero-emission vehicle fueling and charging infrastructure ” means infrastructure to charge or fuel zero-emission vehicles, including but not

limited to, public electric vehicle charging stations and public hydrogen fueling

stations. 1

L.1992, c. 79.

Frequently Asked Questions About New Jersey § 40a:12a-3

What does New Jersey Statutes § 40a:12a-3 cover?

Section 40a:12a-3 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite New Jersey § 40a:12a-3?

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Is this the official text of New Jersey law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.

How does New Jersey § 40a:12a-3 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.