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, proof of payment of a non-residential development fee or proof of an exemption is no longer required for a final certificate of occupancy to be issued.
All developers involved in the construction of non-residential development which is subject to the Non-Residential Development Fee Act must still complete Form NRDF. The Form will be modified to reflect the amendments to the Non-Residential Development Fee Act by the Economic Stimulus Act of 2009 and the additional exempt status of certain projects which receive preliminary or final site plan approval prior to July 1, 2010.
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.” Continue reading