40A:12-15 Purposes for which leases for a public purpose may be made.
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/nj/title-40a/chapter-12/40a-12-15A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
15. Purposes for which leases for a public purpose may be made.
A leasehold for a term not in excess of 50 years may be made pursuant to this act and extended for an additional 25 years by ordinance or resolution thereafter for any county or municipal public purpose, including, but not limited to:
(a)The provision of fire protection, first aid, rescue and emergency services by an association duly incorporated for such purposes.
(b)The provision of health care or services by a nonprofit clinic, hospital, residential home, outpatient center or other similar corporation or association.
(c)The housing, recreation, education or health care of veterans of any war of the United States by any nonprofit corporation or association.
(d)Mental health or psychiatric services or education for persons with mental illness, persons with a mental deficiency, or persons with intellectual disabilities by any nonprofit corporation or association.
(e)Any shelter care or services for persons aged 62 or over receiving Social Security payments, pensions, or disability benefits which constitute a substantial portion of the gross income by any nonprofit corporation or association.
(f)Services or care for the education or treatment of cerebral palsy patients by any nonprofit corporation or association.
(g)Any civic or historic programs or activities by duly incorporated historical societies.
(h)Services, education, training, care or treatment of poor or indigent persons or families by any nonprofit corporation or association.
(i)Any activity for the promotion of the health, safety, morals and general welfare of the community of any nonprofit corporation or association.
(j)The cultivation or use of vacant lots for gardening or recreational purposes.
(k)The provision of electrical transmission service across the lines of a public utility for a county or municipality pursuant to R.S.40:62-12 through R.S.40:62-25.
(l)In any municipality, the lease of a tract of land of less than five acres to a nonprofit corporation or association to cultivate and sell fresh fruits and vegetables.
(m)The use of vacant land for tiny home rental purposes, in accordance with section 1 of P.L.2019, c.490 (C.40:55D-66.17).
Except as otherwise provided in subsection
(k)of this section, in no event shall any lease under this section be entered into for, with, or on behalf of any commercial, business, trade, manufacturing, wholesaling, retailing, or other profit-making enterprise, nor shall any lease pursuant to this section be entered into with any political, partisan, sectarian, denominational or religious corporation or association, or for any political, partisan, sectarian, denominational or religious purpose, except that a county or municipality may enter into a lease for the use permitted under subsection
(j)or
(m)with a sectarian, denominational or religious corporation; provided the property is not used for a sectarian, denominational or religious purpose. In the case of a municipality the governing body may designate the municipal manager, business administrator or any other municipal official for the purpose of entering into a lease for the use permitted under subsection (j). Any lease entered into pursuant to subsection
(l)with a non-profit corporation or association may permit the non-profit corporation or association to sell fresh fruits and vegetables on the leased land, off the leased land, or both, provided, that the sales are related and incidental to the non-profit purposes of the corporation or association and the net proceeds received by the non-profit corporation or association are used to further the non-profit purposes of the corporation or association. Property leased pursuant to subsection
(l)or
(m)of this section shall be exempt from property taxation.
L.1971, c.199, s.15; amended 1984, c.27, s.2; 1991, c.143, s.6; 2010, c.50, s.68; 2011, c.35, s.2; 2011, c.171, s.2; 2019, c.490, s.3.