The Statewide Non-residential Development Fee Suspension and Refund

On July 27, 2009 Governor Jon S.Corzine signed into law the New Jersey Economic Stimulus Act of 2009. Sections 37 through 39 of the New Jersey Economic Stimulus Act of 2009 suspend the Non-Residential Development Fee Act which was signed into law on July 17, 2008. As a result, developer’s will no longer be required to pay the 2.5 % development fee.

In addition, developers that have paid a non-residential development fee since July 17, 2008, may claim a refund of “the difference between the moneys committed prior to July 17, 2008 and the monies paid.” The Act provides that a developer can submit a claim for reimbursement of non-residential development if:

  • the developer paid a fee and the development received preliminary or final site plan approval prior to July 17, 2008; or
  • the developer paid a fee and the project was referred to a planning board by the state, a governing body, or other public agency for review prior to July 17, 2008; or
  • the developer paid a fee and the non-residential development is not subject to a fee pursuant to N.J.S.A. 40:55D-8.6 (which provides for contractual agreements to pay non-residential development fees)

A developer seeking a refund must submit the claim in writing, and a copy of the proof of payment, to the same entity to which the fee was paid on or before November 24, 2009.

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