An Act concerning property tax abatements offered on the former Fort Monmouth property and amending and supplementing P.L.2010, c.51.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 9 of P.L.2010, c.51 (C.52:27I-26) is amended to read as follows:

9. The authority shall have the following powers:

a. To enter into a designated redevelopment agreement as set forth in subsection a. of section 16 of [this act] P.L.2010, c.51 (C.52:27I-33);

b. As designated and empowered as the "local redevelopment authority" for Fort Monmouth for all purposes of the Defense Base Closure and Realignment Act of 1990, Pub.L.101-510 (10 U.S.C. s.2687), and, in that capacity, to enter into agreements with the federal government, State departments, agencies, or authorities, the county, the host municipalities, or private parties;

c. To adopt development and design guidelines and land use regulations consistent with and in furtherance of the plan; and to adopt, revise, adjust, and implement: (1) any aspect of the plan or the development and design guidelines and land use regulations adopted in furtherance thereof, or to grant variances therefrom; (2) the economic revitalization study prepared pursuant to section 16 of P.L.2006, c.16 (C.52:27I-16); and (3) if designated as the designated agency pursuant to section 2 of P.L.2008, c.28 (C.52:27I-8.2), any aspect of the homeless assistance submission required under the Defense Base Closure and Realignment Act of 1990, Pub.L.101-510 (10 U.S.C. s.2687);

d. To undertake redevelopment projects pursuant to the plan;

e. To acquire or contract to acquire, and to dispose of the project area or any portion, tract, or subdivision of the project area, or any utility system or infrastructure servicing the project area;

f. To lease as lessee, lease as lessor whether as a titleholder or not, own, rent, use, and take and hold title to, and to convey title of, and collect rent from, real property and personal property or any interest therein, in the exercise of its powers and the performance of its duties under [this act] P.L.2010, c.51 (C.52:27I-18 et seq.);

g. To acquire, including by condemnation where necessary pursuant to the provisions of the "Eminent Domain Act of 1971," P.L.1971, c.361 (C.20:3-1 et seq.), easements, rights of way, or fee title to properties within the project area where necessary in connection with the provision of utilities, streets, roads, or other infrastructure required for implementation of the plan;

h. To arrange for the clearance of any parcel owned or acquired, and for the installation, construction, or reconstruction of,streets, facilities, utilities, and site improvements essential to the preparation of sites for use in accordance with the plan;

i. To contract for the provision of professional services, including, but not limited to, the preparation of plans for the carrying out of redevelopment projects by registered architects, licensed professional engineers or planners, or other consultants;

j. To issue requests for proposals or requests for qualifications; to arrange or contract with other public agencies or public or private redevelopers, including but not limited to nonprofit entities, for the planning, replanning, construction, or undertaking of any project or redevelopment work, or any part thereof; to negotiate and collect revenue from a redeveloper to defray the costs of the authority, and to secure payment of such revenue; as part of any such arrangement or contract, to negotiate financial or in-kind contributions from a redeveloper to the authority or to the host municipalities to offset or mitigate impacts of the project; as part of any such arrangement or contract, to require the posting of performance guarantees in connection with any redevelopment project; as part of any such arrangement or contract, to facilitate the extension of credit, or making of loans, by the EDA, by other public agencies or funding sources, or by private entities to redevelopers to finance any project or redevelopment work, or upon a finding that the project or redevelopment work would not be undertaken but for the provision of financial assistance, or would not be undertaken in its intended scope without the provision of financial assistance, to facilitate as part of an arrangement or contract for capital grants to redevelopers; and to arrange or contract with public agencies or redevelopers for the opening, grading, or closing of streets, roads, roadways alleys, or other places or for the furnishing of facilities or for the acquisition by such agency of property options or property rights or for the furnishing of property or services in connection with the project area;

k. To participate in, conduct, or contract for the performance of environmental assessment or remediation activities or restoration arising out of or relating to environmental conditions within the project area, including but not limited to insurance or bonds related to such activities;

l. To enter upon any building or property in the project area in order to conduct investigations or make surveys, sounding or test borings necessary to carry out the purposes of the plan;

m. To arrange or contract with the EDA or other public agencies to facilitate or provide relocation assistance, of the types and in the amounts provided for businesses in the "Relocation Assistance Law of 1967," P.L.1967, c.79 (C.52:31B-1 et seq.) and the "Relocation Assistance Act," P.L.1971, c.362 (C.20:4-1 et seq.), to businesses operating within the project area who are displaced as a result of the closure and who request such assistance within a period to be determined by the authority;

n. To make, consistent with the plan: (1) plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements; and (2) plans for the enforcement of laws, codes, and regulations relating to the use and occupancy of buildings and improvements, and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements;

o. Notwithstanding any other law to the contrary, to consent to a request by a host municipality for, or request that the host municipality consider, the designation of portions of the project area as being in need of redevelopment or rehabilitation in accordance with the provisions of: (1) the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et al.); or (2) section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill);

p. To publish and disseminate information concerning the plan or any project within the project area;

q. To adopt and from time to time amend and repeal bylaws for the regulation of its affairs and the conduct of its business;

r. To adopt and use an official seal and alter it at its pleasure;

s. To maintain an office at a place or places within the State as it may designate;

t. To sue and be sued in its own name;

u. To provide that any revenues collected shall be available to the authority for use in furtherance of any of the purposes of [this act] P.L.2010, c.51 (C.52:27I-18 et seq.);

v. Pursuant to an adopted cash management plan, to invest any funds held in reserve or sinking funds, or any funds not required for immediate disbursement, in property or securities in which governmental units may legally invest funds subject to their control;

w. To enter into mortgages as mortgagee;

x. To apply for, receive, and accept from any federal, State, or other public or private source, grants or loans for, or in aid of, the authority's authorized purposes;

y. To consent to the modification of any contract, mortgage, or other instrument entered into by it or on its behalf;

z. To pay or compromise any claim arising on, or because of any agreement, mortgage, or instrument;

aa. To acquire or contract to acquire from any person, firm, or corporation, public or private, by contribution, gift, grant, bequest, devise, purchase, or otherwise, real or personal property or any interest therein, including such property as it may deem necessary or proper, although temporarily not required for such purposes, in the project area or in any area outside the project area designated by the authority as necessary for carrying out the relocation of the businesses displaced from the project area as a result of the closure of Fort Monmouth or other acquisitions needed to carry out the master plan;

bb. To subordinate, waive, sell, assign, or release any right, title, claim, lien, or demand however acquired, including any equity or right of redemption, foreclosure, sell, or assign any mortgage held by it, or any interest in real or personal property; and to purchase at any sale, upon such terms and at such prices as it determines to be reasonable, and take title to the property, real, personal, or mixed, so acquired and similarly sell, exchange, assign, convey, or otherwise dispose of any property;

cc. To complete, administer, operate, obtain, and pay for insurance on, and maintain, renovate, repair, modernize, lease, or otherwise deal with any property;

dd. To retain attorneys, planners, engineers, architects, managers, financial experts, and other types of consultants as may be necessary;

ee. To arrange or contract with any public agency, to the extent that it is within the scope of that agency's functions, to cause the services customarily provided by that agency to be rendered for the benefit of the occupants of the project area, and have that agency provide and maintain parks, recreation centers, schools, sewerage, transportation, water, and other municipal facilities adjacent to or in connection with the project area;

ff. To conduct examinations and investigations, hear testimony and take proof, under oath at public or private hearings of any material matter, compel witnesses and the production of books and papers and issue commissions for the examination of witnesses who are out of State, unable to attend, or excused from attendance; and to authorize a committee designated by it consisting of one or more members, or counsel, or any officer, or employee to conduct the examination or investigation, in which case it may authorize in its name the committee, counsel, officer, or employee to administer oaths, take affidavits, and issue subpoenas or commissions;

gg. To make and enter into all contracts and agreements necessary or incidental to the performance of the duties authorized in [this act] P.L.2010, c.51 (C.52:27I-18 et seq.);

hh. After thorough evaluation and investigation, to bring an action on behalf of a tenant within the project area to collect or enforce any violation of subsection g. or h. of section 11 of the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-12);

ii. To designate members or employees, who shall be knowledgeable of federal and State discrimination laws, and who shall be available during all normal business hours, to evaluate a complaint made by a tenant within the project area pursuant to section 11 of the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-12);

jj. To borrow monies from the EDA to fund an approved budget on terms and conditions acceptable to the EDA;

kk. To adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement [this act] P.L.2010, c.51 (C.52:27I-18 et seq.); and

ll. To do all things necessary or convenient to carry out its purposes and exercise the powers given and granted in [this act] P.L.2010, c.51 (C.52:27I-18 et seq.).

(cf: P.L.2010, c.51, s.9)

2. Section 17 of P.L.2010, c.51 (C.52:27I-34) is amended to read as follows:

17. a. The authority shall propose and adopt development and design guidelines and land use regulations consistent with and in furtherance of the plan. Provisions may be made by the authority for the waiver, according to definite criteria, of strict compliance with the standards promulgated, where necessary to alleviate hardship. The plan and the development and design guidelines and land use regulations adopted by the authority shall supersede the master plans, the zoning and land use ordinances and regulations, and the zoning maps of the host municipalities adopted pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.) insofar as the same may pertain to the project area, except with respect to the procedures to be followed for submitting and processing applications for subdivision or site plan approvals.

b. Applications for subdivision approval, site plan approval, and redevelopment within the project area shall utilize the development and design guidelines and land use regulations adopted by the authority, and shall be submitted to the planning board of the host municipality in which the project parcel is located for review and approval, and where required by law to the county planning board. The procedures for the approval of subdivisions and site plans within the project area shall be the procedures adopted by such host municipality pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.) (including, but not limited to, notice provisions and the payment of application fees and the posting of escrow deposits, if any). The authority shall by regulation provide for mandatory conceptual review by or on behalf of the authority; provided, however, that unless accompanied by a request for a variance to be granted by the authority pursuant to subsection e. of this section, any such mandatory conceptual review shall be completed within 45 days of the authority's receipt of the application, or within such later time period if agreed to by the applicant.

c. Whenever an application pursuant to subsection b. of this section is filed with a planning board, a copy of the application shall be submitted simultaneously to the authority, and notice of all public hearings in connection therewith shall be provided to the authority. The authority shall be deemed an interested party entitled to notice of all applications for properties within the project area or within 200 feet of the project area's boundaries, irrespective of whether the authority owns the portion of the project area within 200 feet.

d. In connection with subdivision and site plan approval, the planning boards shall have the authority to grant variances from the requirements of the development and design guidelines and land use regulations adopted by the authority to the extent such variances are permitted pursuant to subsection c. of section 57 of P.L.1975, c.291 (C.40:55D-70).

e. (1) The provisions of subsection d. of section 57 of P.L.1975, c.291 (C.40:55D-70) notwithstanding and except as provided in paragraph (2) of this subsection, the authority shall have sole and exclusive jurisdiction to grant for special reasons shown, a variance from the requirements of the master plan, development and design guidelines or land use regulations adopted by the authority to permit: (a) a use or principal structure in a district restricted against such use or principal structure, (b) a continuation or an expansion of a nonconforming use, (c) deviation from a specification or standard pursuant to land use regulations adopted by the authority pertaining solely to a conditional use, (d) an increase in the permitted floor area ratio as established by the land use regulations adopted by the authority, (e) an increase in the permitted density as established by the land use regulations adopted by the authority or (f) a height of a principal structure which exceeds by 10 feet or 10 percent the maximum height permitted in the district for a principal structure. Such variances shall not be granted unless the applicant demonstrates to the satisfaction of the authority that special reasons exist for the granting of such variance, that the granting of the requested variance will not substantially impair the intent and purpose of the plan, and that the variance can be granted without substantial detriment to the public good. Application for such a variance shall be submitted together with or prior to an application for mandatory conceptual review pursuant to subsection b. of this section, and the authority shall approve or deny the application within 120 days of a complete submission unless the applicant agrees to extend the time. In lieu of granting a variance, the authority in its discretion may require the adoption of a plan amendment.

(2) Variances granted pursuant to subparagraphs (a) through (f) of paragraph (1) of this subsection shall require the affirmative vote of seven members of the authority, except that variances granted pursuant to subparagraph (e) shall be heard and decided by the zoning boards of the host municipalities. If the zoning board of the host municipality hearing such variance request does not vote in favor of the variance request, the authority shall not be permitted to grant such variance.

f. Notwithstanding any other provision of [this act] P.L.2010, c.51 (C.52:27I-18 et seq.) or law to the contrary, [the] a host [municipalities shall not] municipality may designate the project area or any portion thereof as an area in need of redevelopment or an area in need of rehabilitation, or adopt a redevelopment plan for any property within the project area pursuant to the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et al.) without the consent of the authority or pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.2010, c.51, s.17)

3. (New section) a. ¹[Notwithstanding] Consistent with federal law and with the provisions of the master plan prepared, adopted, and implemented by the authority, but notwithstanding¹ the provisions to the contrary of the "Long Term Tax Exemption Law," P.L.1991, c.431 (C.40A:20-1 et seq.), the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et al.), or any ¹[other law, or any]¹ rule or regulation adopted pursuant thereto, the governing body of a host municipality, acting singularly or in conjunction with any other host municipality, may declare any project parcel or the project area as a blighted area, pursuant to Article VIII, Section III, paragraph 1 of the New Jersey Constitution, and provide for the exemption of real property taxes for a period of no more than 20 years for qualified property acquired by a private redeveloper, for undertaking the redevelopment of a project parcel or project area consistent with the master plan, and enter into a financial agreement under which the private redeveloper shall make in-lieu-of-tax payments under the terms and conditions so established by the host municipality upon receiving the approval of the agreement by the Local Finance Board in the Department of Community Affairs. The financial agreement shall limit the profits of any private redeveloper during the term of the exemption as required by Article VIII, Section III, paragraph 1 of the New Jersey Constitution. In taking such action, the governing body of the host municipality, acting singularly or in conjunction with another host municipality, shall, pursuant to R.S.40:49-2, adopt an ordinance or parallel ordinances, as the case may be, for these purposes within any single calendar year, but the ordinance or ordinances shall not be subject to public referendum. Further, in taking such action, the governing body of the host municipality, acting singularly or in conjunction with another host municipality, shall not have the power to acquire by condemnation pursuant to the provisions of the "Eminent Domain Act of 1971," P.L.1971, c.361 (C.20:3-1 et seq.), any easement, right-of-way, or fee title to properties within the project area.

b. ¹[Notwithstanding] Consistent with federal law and with the provisions of the master plan prepared, adopted, and implemented by the authority, but notwithstanding¹ the provisions to the contrary of the "Five-Year Exemption and Abatement Law," P.L.1991, c.441 (C.40A:21-1 et seq.)," the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et al.), or any ¹[other law, or any]¹ rule or regulation adopted pursuant thereto, the governing body of a host municipality, acting singularly or in conjunction with any other host municipality, may declare any project parcel or the project area as in need of rehabilitation, pursuant to Article VIII, Section I, paragraph 6 of the New Jersey Constitution, and provide for the exemption or abatement of real property taxes for a period of no more than five years for qualified property acquired by a private redeveloper, for undertaking the redevelopment of a project parcel or project area consistent with the master plan, and enter into a financial agreement under which the private redeveloper shall make in-lieu-of-tax payments under the terms and conditions so established by the host municipality upon receiving the approval of the agreement by the Local Finance Board in the Department of Community Affairs. In taking such action, the governing body of the host municipality, acting singularly or in conjunction with another host municipality, shall, pursuant to R.S.40:49-2, adopt an ordinance or parallel ordinances, as the case may be, for these purposes within any single calendar year, but the ordinance or ordinances shall not be subject to public referendum. Further, in taking such action, the governing body of the host municipality, acting singularly or in conjunction with another host municipality, shall not have the power to acquire by condemnation pursuant to the provisions of the "Eminent Domain Act of 1971," P.L.1971, c.361 (C.20:3-1 et seq.), any easement, right-of-way, or fee title to properties within the project area.

4. This act shall take effect immediately.