On June 27, 2011 both the New Jersey Senate (S2974) and Assembly (A4221) unanimoulsy introduced legislation modifying the “Statewide Non-Residential Fee Act”. The bill seeks to extend a moratorium on the requirement of these fees to any projects which obtained final approval prior to July 1, 2013 provided a construction permit is issued before January 1, 2015. A developer is also entited to a refund if the fee has already been paid for a project approved after June 30, 2010. A claim must be submitted, in writing, within 120 days of the effective date of this bill, to the same entity to which the moey was paid. However, if the money was already spent on affodable housing projects a developer ise not entitled to a return!!!
We will continue to monitor this situation as it develops. In the meantime, if you believe you are entitled to a refund, we recommend that you begin to gather any pertinent information with regard to your claim. Once this bill is passed, it will be imperative that you submit your claim immediately in order to avoid any unreasonable delay. Please feel free to contact our office to discuss your partiular approval in greater detail.
Andrew S. Kohut, Esq.