August 29, 2011

Dear Construction Official:

I am writing to inform you that the collection of nonresidential development fees has been suspended. You no longer are required to obtain proof of payment or proof of exemption prior to the issuance of a certificate of occupancy. This will be the case for any project that receives preliminary or final site plan approval before July 1, 2013 and that has a building permit before January 1, 2015.

This change came about on August 24, 2011 when Acting Governor Kim Guadagno signed into law P.L. 2011, c.122 which includes an amendment to the Statewide Non-residential Development Fee Act (P.L. 2008, c.46) that suspends the collection of non-residential development fees and provides a process by which developers may claim refunds of non-residential development fees paid.

Under this law, a developer that has paid a non-residential development fee subsequent to June 30, 2010 may claim a refund of the fee provided the fee has not been expended by the municipality on affordable housing projects and provided the provisions of Section 37 of the Statewide Non-residential Development Fee Act, as amended, do not permit the imposition of a fee on the non-residential development.

Individuals who believe they are entitled to a refund should be directed to request the refund from the State or local entity to which the payment was made. If a non-residential development fee was paid to the municipality, the request for a refund must be submitted to the municipality. If a non-residential development fee was paid to the State, the request for a refund must be submitted to the State. The request must be made in writing within 120 days of the law being signed and must include a copy of the receipt of payment.

Individuals who are seeking refunds from a municipality and who have questions about their eligibility for refunds should be directed to the local tax assessor.

Individuals seeking refunds from the State may submit the requests to:

Department of Community Affairs

Division of Codes and Standards

Post Office Box 802

Trenton, New Jersey 08625

Attn: Non-residential Development Fee Coordinator

If you have questions about this, please feel free to contact my office at (609) 292-7899.

Sincerely,

Edward M. Smith

Director

Division of Codes and Standards

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New Jersey is an Equal Opportunity Employer • Printed on Recycled paper and Recyclable

Jamie Chong

2011-08-29

Lieberum, Erica

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