Senate Bill 2974 was passed by both the Senate and the Assembly on June 29, 2011 and signed into law by the Lt. Governor on August 24, 2011.  The new law extends the moratorium placed in effect in 2009 until July 1, 2013, provided that a permit for the construction of the building has been issued prior to January 1, 2015.  The law requires the return of any monies paid during the period from July 1, 2010 to the present, as a result of the previous expiration of the moratorium. Municipalities that are eligible to collect non-residential development fees would not be required to refund monies that have already been spent on affordable housing projects.  A complete copy of the Chapter Law is available here.

Construction Officials can contact the Division of Codes and Standards at 609-292-7899 and Tax Assessors can contact the Division of Taxation at 609-292-7974 with additional questions.

The following development types are exempt from the fee:

  • Non-profit and public education buildings
  • Houses of worship
  • Public amenities (recreational, community, or senior centers)
  • Parking lots and structures
  • Nursing home or non-profit hospital relocation or improvement
  • State, County and local government buildings
  • Transit Hubs, Villages, and Light Rail Hubs
  • Commercial farm buildings and Use Group U structures
  • Developments with a general development plan approval, or executed developer’s or redeveloper’s agreement, prior to July 17, 2008 with a fee or affordable housing requirement the equivalent of at least 1% of EAV