New Jersey § 40a:12a-7

§ 40a:12a-7.

a. No redevelopment project shall be undertaken or carried out except in accordance

with a redevelopment plan adopted by ordinance of the municipal governing body, upon

its finding that the specifically delineated project area is located in an area in

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

to criteria set forth in section 5 or section 14 of P.L.1992, c. 79 ( C.40A:12A-5 or 40A:12A-14 ), as appropriate. The redevelopment plan shall include an outline for the planning, development, redevelopment,

or rehabilitation of the project area sufficient to indicate: (1) Its relationship to definite local objectives as to appropriate land uses, density

of population, and improved traffic and public transportation, public utilities, recreational

and community facilities and other public improvements. (2) Proposed land uses and building requirements in the project area. (3) Adequate provision for the temporary and permanent relocation, as necessary, of

residents in the project area, including an estimate of the extent to which decent,

safe and sanitary dwelling units affordable to displaced residents will be available

to them in the existing local housing market. (4) An identification of any property within the redevelopment area which is proposed

to be acquired in accordance with the redevelopment plan. (5) Any significant relationship of the redevelopment plan to (a) the master plans

of contiguous municipalities, (b) the master plan of the county in which the municipality

is located, and (c) the State Development and Redevelopment Plan adopted pursuant

to the “State Planning Act,” P.L.1985, c. 398 ( C.52:18A-196 et al.). (6) As of the date of the adoption of the resolution finding the area to be in need

of redevelopment, an inventory of all housing units affordable to low and moderate

income households, as defined pursuant to section 4 of P.L.1985, c. 222 ( C.52:27D-304 ), that are to be removed as a result of implementation of the redevelopment plan,

whether as a result of subsidies or market conditions, listed by affordability level,

number of bedrooms, and tenure. (7) A plan for the provision, through new construction or substantial rehabilitation

of one comparable, affordable replacement housing unit for each affordable housing

unit that has been occupied at any time within the last 18 months, that is subject

to affordability controls and that is identified as to be removed as a result of implementation

of the redevelopment plan. Displaced residents of housing units provided under any State or federal housing

subsidy program, or pursuant to the “Fair Housing Act,” P.L.1985, c. 222 ( C.52:27D-301 et al.), provided they are deemed to be eligible, shall have first priority for those

replacement units provided under the plan; provided that any such replacement unit

shall not be credited against a prospective municipal obligation under the “Fair Housing

Act,” P.L.1985, c. 222 ( C.52:27D-301 et al.), if the housing unit which is removed had previously been credited toward

satisfying the municipal fair share obligation. To the extent reasonably feasible, replacement housing shall be provided within

or in close proximity to the redevelopment area. A municipality shall report annually to the Department of Community Affairs on its

progress in implementing the plan for provision of comparable, affordable replacement

housing required pursuant to this section. (8) Proposed locations for zero-emission vehicle fueling and charging infrastructure within the project area in a manner that appropriately connects

with an essential public charging network. b. A redevelopment plan may include the provision of affordable housing in accordance

with the “Fair Housing Act,” P.L.1985, c. 222 ( C.52:27D-301 et al.) and the housing element of the municipal master plan. c. The redevelopment plan shall describe its relationship to pertinent municipal development

regulations as defined in the “Municipal Land Use Law,” P.L.1975, c. 291 ( C.40:55D-1 et seq. ). The redevelopment plan shall supersede applicable provisions of the development

regulations of the municipality or constitute an overlay zoning district within the

redevelopment area. When the redevelopment plan supersedes any provision of the development regulations,

the ordinance adopting the redevelopment plan shall contain an explicit amendment

to the zoning district map included in the zoning ordinance. The zoning district map as amended shall indicate the redevelopment area to which

the redevelopment plan applies. Notwithstanding the provisions of the “Municipal Land Use Law,” P.L.1975, c. 291

( C.40:55D-1 et seq. ) or of other law, no notice beyond that required for adoption of ordinances by the

municipality shall be required for the hearing on or adoption of the redevelopment

plan or subsequent amendments thereof. d. All provisions of the redevelopment plan shall be either substantially consistent

with the municipal master plan or designed to effectuate the master plan; but the

municipal governing body may adopt a redevelopment plan which is inconsistent with

or not designed to effectuate the master plan by affirmative vote of a majority of

its full authorized membership with the reasons for so acting set forth in the redevelopment

plan. e. Prior to the adoption of a redevelopment plan, or revision or amendment thereto,

the planning board shall transmit to the governing body, within 45 days after referral,

a report containing its recommendation concerning the redevelopment plan. This report shall include an identification of any provisions in the proposed redevelopment

plan which are inconsistent with the master plan and recommendations concerning these

inconsistencies and any other matters as the board deems appropriate. The governing body, when considering the adoption of a redevelopment plan or revision

or amendment thereof, shall review the report of the planning board and may approve

or disapprove or change any recommendation by a vote of a majority of its full authorized

membership and shall record in its minutes the reasons for not following the recommendations. Failure of the planning board to transmit its report within the required 45 days

shall relieve the governing body from the requirements of this subsection with regard

to the pertinent proposed redevelopment plan or revision or amendment thereof. Nothing in this subsection shall diminish the applicability of the provisions of

subsection d. of this section with respect to any redevelopment plan or revision or

amendment thereof. f. The governing body of a municipality may direct the planning board to prepare a

redevelopment plan or an amendment or revision to a redevelopment plan for a designated

redevelopment area. After completing the redevelopment plan, the planning board shall transmit the proposed

plan to the governing body for its adoption. The governing body, when considering the proposed plan, may amend or revise any

portion of the proposed redevelopment plan by an affirmative vote of the majority

of its full authorized membership and shall record in its minutes the reasons for

each amendment or revision. When a redevelopment plan or amendment to a redevelopment plan is referred to the

governing body by the planning board under this subsection, the governing body shall

be relieved of the referral requirements of subsection e. of this section.