New Jersey § 40a:12a-5

§ 40a:12a-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.