New Jersey § 52:27d-489c

§ 52:27d-489c.

As used in sections 3 through 18 of P.L.2009, c. 90 ( C.52:27D-489c et al.): “ Applicant ” means a developer proposing to enter into a redevelopment incentive grant agreement. “ Ancillary infrastructure project ” means structures or improvements that are located within the incentive area but

outside the project area of a redevelopment project, including, but not limited to,

docks, bulkheads, parking garages, public electric vehicle charging stations, freight

rail spurs, roadway overpasses, and train station platforms, provided a developer

or municipal redeveloper has demonstrated that the redevelopment project would not

be economically viable or promote the use of public transportation without such improvements,

as approved by the State Treasurer. “ Authority ” means the New Jersey Economic Development Authority established under section 4

of P.L.1974, c. 80 ( C.34:1B-4 ). “ Aviation district ” means all areas within the boundaries of the “Atlantic City International Airport,”

established pursuant to section 24 of P.L.1991, c. 252 ( C.27:25A-24 ), and the Federal Aviation Administration William J. Hughes Technical Center and

the area within a one-mile radius of the outermost boundary of the “Atlantic City

International Airport” and the Federal Aviation Administration William J. Hughes Technical

Center. “ Deep poverty pocket ” means a population census tract having a poverty level of 20 percent or more, and

which is located within the incentive area and has been determined by the authority

to be an area appropriate for development and in need of economic development incentive

assistance. “ Developer ” means any person who enters or proposes to enter into a redevelopment incentive

grant agreement pursuant to the provisions of section 9 of P.L.2009, c. 90 ( C.52:27D-489i ), or its successors or assignees, including but not limited to a lender that completes

a redevelopment project, operates a redevelopment project, or completes and operates

a redevelopment project. A developer also may be a municipal redeveloper as defined herein or Rutgers, the

State University of New Jersey. “ Director ” means the Director of the Division of Taxation in the Department of the Treasury. “ Disaster recovery project ” means a redevelopment project located on property that has been wholly or substantially

damaged or destroyed as a result of a federally-declared disaster, and which is located

within the incentive area and has been determined by the authority to be in an area

appropriate for development and in need of economic development incentive assistance. “ Distressed municipality ” means a municipality that is qualified to receive assistance under P.L.1978, c.

14 ( C.52:27D-178 et seq. ), a municipality under the supervision of the Local Finance Board pursuant to the

provisions of the “Local Government Supervision Act (1947),” P.L.1947, c. 151 ( C.52:27BB-1 et seq. ), a municipality identified by the Director of the Division of Local Government Services

in the Department of Community Affairs to be facing serious fiscal distress, a SDA

municipality, or a municipality in which a major rail station is located. “ 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. “ Eligibility period ” means the period of time specified in a redevelopment incentive grant agreement

for the payment of reimbursements to a developer, which period shall not exceed 20

years, with the term to be determined solely at the discretion of the applicant. “ Eligible revenue ” means the property tax increment and any other incremental revenues set forth in

section 11 of P.L.2009, c. 90 ( C.52:27D-489k ), except in the case of a Garden State Growth Zone, in which the property tax increment

and any other incremental revenues are calculated as those incremental revenues that

would have existed notwithstanding the provisions of the “New Jersey Economic Opportunity

Act of 2013,” P.L.2013, c. 161 ( C.52:27D-489p et al.). “ Garden State Growth Zone ” or “ growth zone ” means the four New Jersey cities with the lowest median family income based on the

2009 American Community Survey from the US Census, (Table 708. Household, Family, and Per Capita Income and Individuals, and Families Below Poverty

Level by City: 2009); a municipality which contains a Tourism District as established

pursuant to section 5 of P.L.2011, c. 18 ( C.5:12-219 ) and regulated by the Casino Reinvestment Development Authority; or an aviation

district. “ Highlands development credit receiving area or redevelopment area ” means an area located within an incentive area and designated by the Highlands Council

for the receipt of Highlands Development Credits under the Highlands Transfer Development

Rights Program authorized under section 13 of P.L.2004, c. 120 ( C.13:20-13 ). “ Incentive grant ” means reimbursement of all or a portion of the project financing gap of a redevelopment

project through the State or a local Economic Redevelopment and Growth Grant program

pursuant to section 4 or section 5 of P.L.2009, c. 90 ( C.52:27D-489d or C.52:27D-489e ). “ Infrastructure improvements in the public right-of-way ” mean public structures or improvements, including public electric vehicle charging

stations, located in the public right-of-way that are located within a project area

or that constitute an ancillary infrastructure project, either of which are dedicated

to or owned by a governmental body or agency upon completion, or any required payment

in lieu of the structures, improvements or projects, or any costs of remediation associated

with the structures, improvements or projects, and that are determined by the authority,

in consultation with applicable State agencies, to be consistent with and in furtherance

of State public infrastructure objectives and initiatives. “ Low-income housing ” means housing affordable according to federal Department of Housing and Urban Development

or other recognized standards for home ownership and rental costs and occupied or

reserved for occupancy by households with a gross household income equal to 50 percent

or less of the median gross household income for households of the same size within

the housing region in which the housing is located. “ Major rail station ” means a railroad station located within a qualified incentive area which provides

access to the public to a minimum of six rail passenger service lines operated by

the New Jersey Transit Corporation. “ Mixed use parking project ” means a redevelopment project, the parking component of which shall constitute 51

percent or more of any of the following: a. the total square footage of the entire mixed use parking project; b. the estimated revenues of the entire mixed use parking project; or c. the total construction cost of the entire mixed use parking project. “ Moderate-income housing ” means housing affordable, according to United States Department of Housing and Urban

Development or other recognized standards for home ownership and rental costs, and

occupied or reserved for occupancy by households with a gross household income equal

to more than 50 percent but less than 80 percent of the median gross household income

for households of the same size within the housing region in which the housing is

located. “ Municipal redeveloper ” means an applicant for a redevelopment incentive grant agreement, which applicant

is: a. a municipal government, a municipal parking authority, or a redevelopment agency

acting on behalf of a municipal government as defined in section 3 of P.L.1992, c. 79 ( C.40A:12A-3 ); or b. a developer of a mixed use parking project, provided that the parking component

of the mixed use parking project is operated and maintained by a municipal parking

authority for the term of any financial assistance granted pursuant to P.L.2015, c. 69 . “ Municipal Revitalization Index ” means the 2007 index by the Office of Planning Advocacy within the Department of State measuring or ranking municipal distress. “ Non-parking component ” means that portion of a mixed use parking project not used for parking, together

with the portion of the costs of the mixed use parking project, including but not

limited to the footings, foundations, site work, infrastructure, and soft costs that

are allocable to the non-parking use. “ Parking component ” means that portion of a mixed use parking project used for parking, together with

the portion of the costs of the mixed use parking project, including but not limited

to the footings, foundations, site work, infrastructure, and soft costs that are allocable

to the parking use. The parking component, which may include enclosed pedestrian walkways or a skybridge,

may be in the same structure as all the non-parking components or may be in a structure

with some non-parking components with the remaining non-parking components in an adjacent

or nearby structure that is no more than one third of a mile from the parking components. “ Project area ” means land or lands located within the incentive area under common ownership or

control including through a redevelopment agreement with a municipality, or as otherwise

established by a municipality or a redevelopment agreement executed by a State entity

to implement a redevelopment project. “ Project cost ” means the costs incurred in connection with the redevelopment project by the developer

until the issuance of a permanent certificate of occupancy, or until such other time

specified by the authority, for a specific investment or improvement, including the

costs relating to receiving Highlands Development Credits under the Highlands Transfer

Development Rights Program authorized pursuant to section 13 of P.L.2004, c. 120 ( C.13:20-13 ), lands, buildings, improvements, real or personal property, or any interest therein,

including leases discounted to present value, including lands under water, riparian

rights, space rights and air rights acquired, owned, developed or redeveloped, constructed,

reconstructed, rehabilitated or improved, any environmental remediation costs, plus

costs not directly related to construction, of an amount not to exceed 20 percent

of the total costs, capitalized interest paid to third parties, and the cost of infrastructure

improvements, including ancillary infrastructure projects, and, for projects located

in a Garden State Growth Zone only, the cost of infrastructure improvements including

any ancillary infrastructure project and the amount by which total project cost exceeds

the cost of an alternative location for the redevelopment project, but excluding any

particular costs for which the project has received federal, State, or local funding. In the case of a mixed use parking project that is undertaken by a municipal redeveloper

and that did not commence construction before the declaration of the COVID-19 public

health emergency on March 9, 2020, project costs may include, in the discretion of

the chief executive officer of the authority consistent with applicable law, the cost

or value of land, demolition, and equity contributions, as well as any particular

costs for which the project has received State or local funding. “ Project financing gap ” means: a. the part of the total project cost, including return on investment, that remains

to be financed after all other sources of capital have been accounted for, including,

but not limited to, developer-contributed capital, which shall not be less than 20

percent of the total project cost, which may include the value of any existing land

and improvements in the project area owned or controlled by the developer, and the

cost of infrastructure improvements in the public right-of-way, subject to review

by the State Treasurer, and investor or financial entity capital or loans for which

the developer, after making all good faith efforts to raise additional capital, certifies

that additional capital cannot be raised from other sources on a non-recourse basis;

and b. the amount by which total project cost exceeds the cost of an alternative location

for the out-of-State redevelopment project. “ Project revenue ” means all rents, fees, sales, and payments generated by a project, less taxes or

other government payments. “ Property tax increment ” means the amount obtained by: a. multiplying the general tax rate levied each year by the taxable value of all the

property assessed within a project area in the same year, excluding any special assessments;

and b. multiplying that product by a fraction having a numerator equal to the taxable

value of all the property assessed within the project area, minus the property tax

increment base, and having a denominator equal to the taxable value of all property

assessed within the project area. For the purpose of this definition, “ property tax increment base ” means the aggregate taxable value of all property assessed which is located within

the redevelopment project area as of October 1st of the year preceding the year in

which the redevelopment incentive grant agreement is authorized. “ Public electric vehicle charging station ” means an electric vehicle charging station located at a publicly available parking

space. “ Public hydrogen fueling station ” means publicly available equipment to store and dispense hydrogen fuel to vehicles

according to industry codes and standards. “ 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. “ Qualified incubator facility ” means a commercial building located within an incentive area: which contains 100,000

or more square feet of office, laboratory, or industrial space; which is located

near, and presents opportunities for collaboration with, a research institution, teaching

hospital, college, or university; and within which, at least 75 percent of the gross

leasable area is restricted for use by one or more technology startup companies during

the commitment period. “ Qualified residential project ” means a redevelopment project that is predominantly residential and includes multi-family

residential units for purchase or lease, or dormitory units for purchase or lease,

having a total project cost of at least $17,500,000, if the project is located in

any municipality with a population greater than 200,000 according to the latest federal

decennial census, or having a total project cost of at least $10,000,000 if the project

is located in any municipality with a population less than 200,000 according to the

latest federal decennial census, or is a disaster recovery project, or having a total

project cost of $5,000,000 if the project is in a Garden State Growth Zone. “ Qualifying economic redevelopment and growth grant incentive area ” or “ incentive area ” means: a. an aviation district; b. a port district; c. a distressed municipality; or d. an area (1) designated pursuant to the “State Planning Act,” P.L.1985, c. 398 ( C.52:18A-196 et seq. ), as: (a) Planning Area 1 (Metropolitan); (b) Planning Area 2 (Suburban); or (c) Planning Area 3 (Fringe Planning Area); (2) located within a smart growth area and planning area designated in a master plan

adopted by the New Jersey Meadowlands Commission pursuant to subsection (i) of section

6 of P.L.1968, c. 404 ( C.13:17-6 ) or subject to a redevelopment plan adopted by the New Jersey Meadowlands Commission

pursuant to section 20 of P.L.1968, c. 404 ( C.13:17-21 ); (3) located within any land owned by the New Jersey Sports and Exposition Authority,

established pursuant to P.L.1971, c. 137 ( C.5:10-1 et seq. ), within the boundaries of the Hackensack Meadowlands District as delineated in section

4 of P.L.1968, c. 404 ( C.13:17-4 ); (4) located within a regional growth area, rural development area zoned for industrial

use as of the effective date of P.L.2016, c. 75, town, village, or a military and federal installation area designated in the comprehensive

management plan prepared and adopted by the Pinelands Commission pursuant to the “Pinelands

Protection Act,” P.L.1979, c. 111 ( C.13:18A-1 et seq. ); (5) located within the planning area of the Highlands Region as defined in section

3 of P.L.2004, c. 120 ( C.13:20-3 ) or in a highlands development credit receiving area or redevelopment area; (6) located within a Garden State Growth Zone; (7) located within land approved for closure under any federal Base Closure and Realignment

Commission action; or (8) located only within the following portions of the areas designated pursuant to

the “State Planning Act,” P.L.1985, c. 398 ( C.52:18A-196 et al.), as Planning Area 4A (Rural Planning Area), Planning Area 4B (Rural/Environmentally

Sensitive) or Planning Area 5 (Environmentally Sensitive) if Planning Area 4A (Rural

Planning Area), Planning Area 4B (Rural/Environmentally Sensitive) or Planning Area

5 (Environmentally Sensitive) is located within: (a) a designated center under the State Development and Redevelopment Plan; (b) a designated growth center in an endorsed plan until the State Planning Commission

revises and readopts New Jersey's State Strategic Plan and adopts regulations to revise

this definition as it pertains to Statewide planning areas; (c) any 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 C.40A:12A-6 ) or in need of rehabilitation pursuant to section 14 of P.L.1992, c. 79 ( C.40A:12A-14 ); (d) any area on which a structure exists or previously existed including any desired

expansion of the footprint of the existing or previously existing structure provided

the expansion otherwise complies with all applicable federal, State, county, and local

permits and approvals; (e) the planning area of the Highlands Region as defined in section 3 of P.L.2004, c. 120 ( C.13:20-3 ) or a highlands development credit receiving area or redevelopment area; or (f) any area on which an existing tourism destination project is located. “Qualifying economic redevelopment and growth grant incentive area” or “incentive

area” shall not include any property located within the preservation area of the Highlands

Region as defined in the “Highlands Water Protection and Planning Act,” P.L.2004, c. 120 ( C.13:20-1 et al.). “ Redevelopment incentive grant agreement ” means an agreement between: a. the State and the New Jersey Economic Development Authority and a developer; or b. a municipality and a developer, or a municipal ordinance authorizing a project

to be undertaken by a municipal redeveloper, under which, in exchange for the proceeds

of an incentive grant, the developer agrees to perform any work or undertaking necessary

for a redevelopment project, including the clearance, development or redevelopment,

construction, or rehabilitation of any structure or improvement of commercial, industrial,

residential, or public structures or improvements within a qualifying economic redevelopment

and growth grant incentive area or a transit village. “ Redevelopment project ” means a specific construction project or improvement, including lands, buildings,

improvements, real and personal property or any interest therein, including lands

under water, riparian rights, space rights and air rights, acquired, owned, leased,

developed or redeveloped, constructed, reconstructed, rehabilitated or improved, undertaken

by a developer, owner or tenant, or both, within a project area and any ancillary

infrastructure project including infrastructure improvements in the public right-of-way,

as set forth in an application to be made to the authority. The use of the term “ redevelopment project ” in sections 3 through 18 of P.L.2009, c. 90 ( C.52:27D-489c et al.) shall not be limited to only redevelopment projects located in areas determined

to be in need of redevelopment pursuant to sections 5 and 6 of P.L.1992, c. 79 ( C.40A:12A-5 and C.40A:12A-6 ) but shall also include, but not be limited to, any work or undertaking in accordance

with the “Redevelopment Area Bond Financing Law,” sections 1 through 10 of P.L.2001, c. 310 ( C.40A:12A-64 et seq. ) or other applicable law, pursuant to a redevelopment plan adopted by a State entity,

or as described in the resolution adopted by a public entity created by State law

with the power to adopt a redevelopment plan or otherwise determine the location,

type and character of a redevelopment project or part of a redevelopment project on

land owned or controlled by it or within its jurisdiction, including but not limited

to, the New Jersey Meadowlands Commission established pursuant to P.L.1968, c. 404

( C.13:17-1 et seq. ), the New Jersey Sports and Exposition Authority established pursuant to P.L.1971

c.137 ( C.5:10-1 et seq. ) and the Fort Monmouth Economic Revitalization Authority created pursuant to P.L.2010, c. 51 ( C.52:27I-18 et seq. ). A redevelopment project may include the development of zero-emission vehicle fueling

and charging infrastructure. “ Redevelopment utility ” means a self-liquidating fund created by a municipality pursuant to section 12 of P.L.2009, c. 90 ( C.52:27D-489l ) to account for revenues collected and incentive grants paid pursuant to section

11 of P.L.2009, c. 90 ( C.52:27D-489k ), or other revenues dedicated to a redevelopment project. “ Revenue increment base ” means the amounts of all eligible revenues from sources within the redevelopment

project area in the calendar year proceeding the year in which the redevelopment incentive

grant agreement is executed, as certified by the State Treasurer for State revenues,

and the chief financial officer of the municipality for municipal revenues. “ SDA district ” means an SDA district as defined in section 3 of P.L.2000, c. 72 ( C.18A:7G-3 ). “ SDA municipality ” means a municipality in which an SDA district is situated. “ Technology startup company ” means a for profit business that has been in operation fewer than five years and

is developing or possesses a proprietary technology or business method of a high-technology

or life science-related product, process, or service which the business intends to

move to commercialization. “ Tourism destination project ” means a redevelopment project that will be among the most visited privately owned

or operated tourism or recreation sites in the State, and which is located within

the incentive area and has been determined by the authority to be in an area appropriate

for development and in need of economic development incentive assistance. “ Transit project ” means a redevelopment project located within a 1 / 2 -mile radius, or one-mile radius for projects located in a Garden State Growth Zone,

surrounding the mid-point of a New Jersey Transit Corporation, Port Authority Transit

Corporation, or Port Authority Trans-Hudson Corporation rail, bus, or ferry station

platform area, including all light rail stations. “ Transit village ” means a community with a bus, train, light rail, or ferry station that has developed

a plan to achieve its economic development and revitalization goals and has been designated

by the New Jersey Department of Transportation as a transit village. “ University infrastructure ” means any of the following located on the campus of Rutgers, the State University

of New Jersey: a. buildings and structures, such as academic buildings, recreation centers, indoor

athletic facilities, public works garages, and water and sewer treatment and pumping

facilities; b. open space with improvements, such as athletic fields and other outdoor athletic

facilities, planned commons, and parks; and c. transportation facilities, such as bus shelters and parking facilities. “ Urban transit hub ” means an urban transit hub, as defined in section 2 of P.L.2007, c. 346 ( C.34:1B-208 ), that is located within an eligible municipality, as defined in section 2 of P.L.2007, c. 346 ( C.34:1B-208 ), or all light rail stations and property located within a one-mile radius of the

mid-point of the platform area of such a rail, bus, or ferry station if the property

is in a qualified municipality under the “Municipal Rehabilitation and Economic Recovery

Act,” P.L.2002, c. 43 ( C.52:27BBB-1 et al.). “ Vacant commercial building ” means any commercial building or complex of commercial buildings having over 400,000

square feet of office, laboratory, or industrial space that is more than 70 percent

unoccupied at the time of application to the authority or is negatively impacted by

the approval of a “qualified business facility,” as defined pursuant to section 2

of P.L.2007, c. 346 ( C.34:1B-208 ), or any vacant commercial building in a Garden State Growth Zone having over 35,000

square feet of office, laboratory, or industrial space, or over 200,000 square feet

of office, laboratory, or industrial space in Atlantic, Burlington, Camden, Cape May,

Cumberland, Gloucester, Ocean, or Salem counties available for occupancy for a period

of over one year. “ Vacant health facility project ” means a redevelopment project where a health facility, as defined by section 2 of

P.L.1971, c. 136 ( C.26:2H-2 ), currently exists and is considered vacant. A health facility shall be considered vacant if at least 70 percent of that facility

has not been open to the public or utilized to serve any patients at the time of application

to the authority. “ 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.