N.J. Admin. Code § 5:120-3.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 5:120-3.3 - Application for zone boundary revisions

(a) A municipality may apply to the Administrator for a zone boundary modification if the total area in the UEZ after the proposed modification will not increase compared to that currently existing.

(b) A municipality may apply to the Administrator for a zone boundary expansion if the area to be added to the UEZ shall not result in the enlargement of the geographic area of the existing UEZ greater than as provided in N.J.A.C. 5:120-3.6(b).

(c) Each application for a zone boundary revision shall include an analysis, in a format established by the Administrator, of how the proposed zone boundary revision will relieve the following as defined in this subsection:

1. Economic distress, meaning conditions affecting the fiscal and economic viability of a community, including such factors as low per capita income, low per capita taxable values, high unemployment, high underemployment, low average weekly earned wages compared to the State average, low housing values compared to the State average, high percentage of the population receiving public assistance, high poverty levels compared to the State average, and a lack of year-round stable employment;

2. High unemployment, meaning a level of unemployment that is greater than the county average in the previous five years;

3. Low investment of capital, meaning a level of private investment that is lower than the State average or private investment which is concentrated in businesses and/or industries with lower than average wages. Low investment of capital may include a lack of private investment in infrastructure;

4. Blighted conditions, including land that is vacant or is 'in need of rehabilitation', as that term is defined by statute;

5. Obsolete or abandoned industrial or commercial structures, meaning a delineated area in which a portion of the structures are in a deteriorated or substandard condition and there is a continuing pattern of vacancy, abandonment or underutilization of properties in the area, with a persistent arrearage of property tax payments thereon or a majority of the water and sewer infrastructure in the delineated area is in need of repair or substantial maintenance. In addition, rehabilitating these areas may be expected to prevent further deterioration and promote the overall development of the community; and

6. Deteriorating tax base, meaning an overall decline over the past ten years in the non-residential tax base, commonly referred to as "ratables."

(d) For purposes of this subchapter, the following additional definitions shall apply:

1. "Parcel" shall mean non-residential real property identified by lot and block on the tax map of the qualifying municipality;

2. "Area" shall mean one or more parcels; and

3. "Vacant" or "vacancy" means undeveloped and unused parcels, any non-residential parcels with significant amounts of land not covered by impervious surfaces on site as determined by the UEZA, any land suitable for redevelopment or infill at higher densities and any residential parcels with lot sizes in excess of two acres where environmental factors permit densities.

(e) A proposed zone boundary revision, whether for zone boundary modification or for zone boundary expansion, shall consist of one or more contiguous parcels located within the business district of the qualifying municipality.

(f) Each application for a zone boundary revision shall include a rationale for the proposed zone boundary revision and an explanation why the area to be added, deleted or included was not reflected in prior requests for zone boundary revision and/or the original application for designation as a UEZ.

(g) Each application for a zone boundary revision shall be accompanied by a resolution from the municipal governing body granting approval for submission of the request for the proposed zone boundary revision to the UEZA.

(h) The Administrator shall evaluate each application for zone boundary revision and shall make recommendation to the UEZA for approval or denial of same.

N.J. Admin. Code § 5:120-3.3

Recodified from N.J.A.C. 5:121-1.4 and amended by R.2009 d.331, effective 11/2/2009.
See: 41 N.J.R. 2372(a), 41 N.J.R. 4071(b).
Added new (a), (b), (d), (e) and (h); recodified former (a) as (c), and former (b) and (c) as (f) and (g); and rewrote (c), (f) and (g).