COURT HOUSE – At its work session April 17, Middle Township Committee heard a report from township engineer Vince Orlando on a proposal to expand the existing Rio Grande redevelopment area to encompass a much larger portion of the township.
The new zone, if eventually designated, would run from the area near Menz Restaurant on Route 47 down to Route 9 and beyond almost to the Garden State Parkway underpass and from the township border with Lower Township to the approximate area of the Walmart Supercenter on Route 9.
Such a designation would provide the township with greater flexibility in negotiating with and even materially supporting development projects in the zone outside some of the constraints of normal municipal land use law.
The resolution before the governing body requests the Planning Board to investigate the establishment of a “condemnation redevelopment area” on the expanded zone.
Township Special Counsel James Maley explained that having a condemnation zone would not mean that any effort at eminent domain would be exercised. He also noted that if such a circumstance were to develop, it would entail its own protracted process with necessary protections for property rights.
The Planning Board’s task would be to study the designated area and see if it meets the state requirements for a redevelopment or rehabilitation area. If it does, the Planning Board would still need to hold a public hearing before making a recommendation to the governing body. The decision to designate the area would rest with the committee.
If the governing body passes a resolution designating all or a portion of the study area as being in need of development, the next step is the creation of a redevelopment plan. This can be done by the Planning Board or by the governing body with review by the Planning Board. A copy of the resolution must be sent to the state Department of Community Affairs.
The redevelopment plan must still account for other township agreements, such as the township’s settlement agreement with the Fair Share Housing Center concerning the municipal affordable housing obligations.
Adoption of a final redevelopment plan is done by ordinance with the normal process that accompanies an ordinance adoption, including its own public hearing. If adopted on second reading, the redevelopment plan becomes law.
This is a long process that involves public input at different stages. One example of how a redevelopment plan can speed up a development project desired by the municipality is through direct negotiation between the developer and the municipality to resolve what otherwise might have been a legally challengeable variance process. Another is the availability of tax abatements if the municipality wishes to exercise such an option.
Contact the author, Vince Conti, at vconti@cmcherald.com.
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