Bill Text: NJ A4554 | 2024-2025 | Regular Session | Amended

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Bill Title: Requires DCA to survey and report on special improvement districts and downtown business improvement zones.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed) 2024-12-19 - Passed by the Assembly (73-0-0) [A4554 Detail]

Download: New_Jersey-2024-A4554-Amended.html

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[First Reprint]

ASSEMBLY, No. 4554

STATE OF NEW JERSEY

221st LEGISLATURE

 

INTRODUCED JUNE 13, 2024

 

 

Sponsored by:

Assemblywoman  SHAVONDA E. SUMTER

District 35 (Bergen and Passaic)

Assemblyman  REGINALD W. ATKINS

District 20 (Union)

 

Co-Sponsored by:

Assemblywoman Carter

 

 

 

 

SYNOPSIS

     Requires DCA to survey and report on special improvement districts and downtown business improvement zones.

 

CURRENT VERSION OF TEXT

     As amended by the General Assembly on October 28, 2024.

  

An Act requiring the State to survey and report on ¹[special] certain municipal¹ improvement ¹[districts and] areas,¹ supplementing ¹and amending¹ P.L.1972, c.134 ¹[(C.40:56-65 et seq.)] , and amending P.L.1998, c.115¹.

 

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

 

     1.  ¹(New section)¹ Prior to the first day of the sixth month next following enactment of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), the Department of Community Affairs shall complete a survey of New Jersey municipalities to ascertain each special improvement district ¹and downtown business improvement zone¹ established by ordinance within the State, prepare a list identifying each special improvement district ¹and downtown business improvement zone¹ within the State, and publish the list on the department's Internet website.  The department shall update and republish the list at least every two years thereafter.

 

     ¹2.  Section 1 of P.L.1972, c.134 (C.40:56-71) is amended to read as follows:

     Upon review of the reports and recommendations submitted, an ordinance may be adopted authorizing and directing the establishment and maintenance of a pedestrian mall facility or special improvement district.  In addition to other requirements for the consideration and adoption of ordinances, at least 10 days prior to the date fixed for a public hearing thereon, a copy of the proposed ordinance and notice of the date, time and place of the hearing shall be mailed to the owners of the lots or parcels of land abutting or directly affected by any proposed pedestrian mall or included in the special improvement district proposed by the ordinance, as the case may be.  A municipality shall file any ordinance establishing a special improvement district with the Division of Local Planning Services in the Department of Community Affairs no later than 10 days following adoption.  The ordinance shall clearly identify all affected properties by block and lot number.

     In the case of a special improvement district, the ordinance may include the requirement that construction or alteration of building and structure facades be subject to prior review and approval to assure compliance with design criteria included in the ordinance.  The design criteria shall be approved by the municipal planning board prior to inclusion in the ordinance.  A municipal officer or agency shall be designated by ordinance to conduct the review and grant or deny approvals of proposed construction or alteration of facades.  In lieu of that designation, the governing body may designate the district management corporation to conduct these reviews and grant or deny these approvals, but only if the governing body finds in the ordinance that the corporation is so constituted and organized as to be reasonably appropriate and qualified for this role.  If the district management corporation is so designated, the ordinance may provide for the appeal of individual determinations of the corporation to the municipal planning board.¹

(cf: P.L.1987, c.248, s.1)

 

     ¹3.  Section 2 of P.L.1998, c.115 (C.40:56-71.2) is amended to read as follows:

     2.    Any municipality which has adopted or adopts an ordinance authorizing the establishment of a special improvement district pursuant to section 7 of P.L.1972, c.134 (C.40:56-71) may, by ordinance, designate all or any portion of that district which contains primarily businesses providing retail goods and services as a "downtown business improvement zone," notwithstanding that the designated zone is located within an urban enterprise zone.  A municipality shall file any ordinance establishing a downtown business improvement zone with the Division of Local Planning Services in the Department of Community Affairs no later than 10 days following adoption.  The ordinance shall clearly identify the boundaries of the downtown business improvement zone using street names and numbers, or property lines.¹

(cf: P.L.2015, c.189, s.1)

 

     ¹[2.] 4.¹  The Commissioner of Community Affairs may promulgate, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be appropriate or necessary to implement the provisions of P.L.     , c.     (C.     ) (pending before the Legislature as this bill).

 

     ¹[3.] 5.¹  This act shall take effect immediately.