Extension of Nonresidential Development Fee Moratorium
On August 24, 2011 Acting New Jersey Governor Kim Guadagno signed into law legislation which extends the moratorium on requiring developers to pay a nonresidential development fee to those projects which obtain final approval prior to July 1, 2013 provided a construction permit is issued before January 1, 2015. As you may recall, this was a state-mandated fee which was meant to provide municipalities with the means to provide affordable housing. Since the initial moratorium expired on June 30, 2010, the legislation also retroactively applies to those projects which were approved since July 1, 2010. For those projects which have already paid the nonresidential development fee, a claim for a refund must be submitted, in writing, by December 22, 2011 to the governmental body in which the original payment was made.
If you believe that your project is entitled to such a refund it is imperative that you contact our firm immediately. The reason being that any portion of your development fee already spent on affordable housing projects is not entitled to a return.
Please feel free to contact our office to discuss your particular approval in greater detail.
Andrew S. Kohut, Esq.