Current through Register Vol. 56, No. 18, September 16, 2024
(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
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.
