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  • Dave to pick up on redevelopment plan and redeveloper agreement and powers. No stopping for questions.

Transcript

  • 1. March 1, 2013Redevelopment Forum Presented by: Stan Slachetka, P.P., AICP 1
  • 2.  Redevelopment Areas  The “f” Criterion  The designation process  Powers granted in redevelopment areas Rehabilitation Areas  Process and Criteria  Powers granted in rehabilitation areas Zoning Issues & Strategies Evaluating Planning Strategies  Evaluation Matrix  Time Issues—Short-term vs. Long-Term Approaches  Redevelopment Powers—Comparison to Zoning Key Findings and Takeaways
  • 3. A. Substandard Building ConditionsB. Abandonment of Commercial and Industrial BuildingsC. Public and Privately Owned Vacant LandD. Deleterious Land Use, Faulty Design, Obsolete Layout with Detrimental ImpactE. Growing or Total Lack of Proper Utilization due to Condition of Title or Diversity of OwnershipF. Natural DisastersG. Urban Enterprise Zone (tax exemptions only)H. Consistency with Smart Growth Policies per Law or Regulation (Added July 9, 2003)Section 5: Local Redevelopment and Housing Law P.L. 1992, c.79 (N.J.S.A. 40:12A-1 et seq.)
  • 4.  “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.”Section 5: Local Redevelopment and Housing Law P.L. 1992, c.79 (N.J.S.A. 40:12A-1 et seq.)
  • 5. F Criterion
  • 6.  Governing Body Resolution Directing the Planning Board to Undertake a Study Preparation of a Preliminary Investigation and Report Public Notice Planning Board Hearing and Recommendation Governing Body Resolution Designating the Area in Need of Redevelopment Review of Resolution by NJ DCA
  • 7. Harrison Redevelopment Agency v. DeRose 398 N.J. Super 361 (App. Div. 2008)  Notice must be given that redevelopment is a public purpose and eminent domain may be used to acquire property if the area is determined to be in need of redevelopment  To property owners in the redevelopment study area  Regardless of whether or not eminent domain is contemplated  Notice also required at time of adoption of resolution by governing body
  • 8.  Long-term tax exemptions/PILOTs (up to 35 years) for new redevelopment projects Five-year tax abatement and exemptions to residential and commercial property owners to upgrade and improve their property Property can be conveyed to a designated redeveloper without the need to go through a public bidding process Redevelopment allocation bonds (RAB) can be issued by a municipality to fund public improvements.  The bonds may be repaid from PILOTs or by levying a special assessment on the redevelopment project.
  • 9.  Eminent domain  Could be used to acquire severely damaged properties that may become abandoned by property owners.  Can be used to clear up title issues, easements, or deed restrictions that would prevent or hinder revitalization .  Could be controversial and should be considered only as a last resort if necessary. Economic Redevelopment and Growth (ERG) grants Need to adopt redevelopment plan to obtain powers
  • 10.  50% or more of dwellings are 50 years old or older; or  Water and sewer utilities are 50 years old or older and in need of repair or maintenance; or  Presence of deteriorated or substandard structures , and a continuing pattern of vacancy, abandonment, or underutilization of properties with a persistent pattern of property tax arrearageLocal Redevelopment and Housing Law P.L. 1992, c.79 (N.J.S.A. 40:12A-1 4)
  • 11. Governing Body Planning Board Reviews Governing BodyRefers Resolution to Resolution and Submits Adopts Resolution Planning Board Recommendations to Designating Area Governing Body  Resolution also submitted to NJDCA  All Redevelopment Powers Except Condemnation and Long-term Tax Exemptions/PILOTS  Powers Granted Upon Adoption of a Redevelopment Plan
  • 12.  An entire municipality may be designated in need of rehabilitation Many municipalities have existing rehabilitation areas Key powers:  Five-year tax abatements  Redevelopment plan can control design of development
  • 13.  Entire Borough designated area in need of rehabilitation  To provide five-year tax abatements  No eminent domain Ocean Avenue proposed to be area in need of redevelopment  Only municipally-owned properties  Planning Board to conduct preliminary investigation  Exploring possibility of a private developer to come up with plans for rebuilding the oceanfront
  • 14.  Advisory Base Flood Elevation (ABFE) maps  Impact on building height standards  How building height measured—varies by town  Definition of floor/stories Impact on other related standards  Coverage—new driveway surfaces  Setbacks—stoops Need for variances  Definition of substantially destroyed/damaged  Use  Principal and accessory structures
  • 15.  Level of damage  Areas of significant damage—Redevelopment  Infill development or encouraging improvement of storm-damaged properties—Rehabilitation or rely on existing zoning Powers and authority  Need for long-term tax exemptions or eminent domain—Redevelopment  Short-term tax abatements—Rehabilitation Objectives:  Substantial control over future development— Redevelopment or Rehabilitation  Reconstruction of existing neighborhood fabric— Rehabilitation or Existing Zoning
  • 16.  Timing is Critical  May take significant time to designate area in need of redevelopment and adopt redevelopment plan  Rehabilitation area designation requires less time Short-term Objectives and Needs  FEMA Issues/Building Height—Zoning  Variances/Revisions to Code—Zoning  Five-year tax abatements—Rehabilitation Long-term Planning Objectives  Redevelopment  Hazard Mitigation Plans  Transfer of Development Rights  Non-contiguous cluster ordinance
  • 17. Need to reevaluate goals and objectives & standards in plan
  • 18.  Many areas impacted by Sandy may be designated in need of redevelopment  Meets “f” criterion in Section 5 of the statute  Understand process and notice issues  Powers and limitations Rehabilitation areas  Alternative to redevelopment  Five-year tax abatements  Eminent domain & PILOTs not available Look at alternatives to redevelopment  Level of damage  Powers  Objectives
  • 19.  Time Frame  Immediate zoning concerns vs. long-range planning efforts  Redevelopment process may take significant time from designation to adoption of redevelopment plans Evaluate existing redevelopment and rehabilitation areas  May need to change plans  Review as possible TDR Receiving Areas or as part of a non-contiguous cluster Redevelopment appropriate where the area meets the criteria and you need to use powers that are granted in a redevelopment or rehabilitation area
  • 20.  The Redevelopment Handbook: A Guide to Rebuilding New Jersey’s Communitieshttp://njplanning.org/publications/redevelopment-handbook/ 27
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