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New Legislation
including the Statewide Non-Residential Development Fee Act

* On July 17, 2008, Governor Corzine signed a comprehensive affordable housing reform bill into law, P.L.2008, c.46, which included amendments to the Fair Housing Act. A-500, sponsored by Assembly Speaker Joseph J. Roberts, Jr., was passed by the Assembly on June 16, 2008. S-1783, sponsored by Senator Raymond J. Lesniak and subsequently substituted by A-500, was passed by the Senate on June 23, 2008.

Full text of the bill is available on the New Jersey State Legislature's website.

Major components of the law include the following:

  • * Establishment of a statewide 2.5% non-residential development fee (see below)
  • * Establishment of a new $20M fund for Workforce Housing (household income equal to or less than 120% of regional median income)
  • * Elimination of Regional Contribution Agreements
  • Provision for planning for affordable housing opportunities based on infrastructure and transportation within 5 regions regulated by planning entities (Highlands, Meadowlands, Pinelands, Fort Monmouth, and Atlantic County)
  • Requirement for 13% of a municipal fair share obligation, and 13% of all units funded by Balanced Housing and the statewide Affordable Housing Trust Fund, to be restricted to very-low income households (30% or less of median income)
  • * Establishment of a State Housing Commission

Click here to see the letter sent to all Mayors regarding P.L.2008, c.46.

Information regarding the Statewide Non-Residential Development Fee Act

The “Statewide Non-Residential Development Fee Act” imposes a 2.5% development fee on all non-residential new construction and additions. The fee takes effect on certificates of occupancy issued on and after Friday, July 18, 2008. Municipalities that have an affordable housing trust fund approved by COAH or a court of competent jurisdiction may retain these funds. Every municipality shall impose the statewide non-residential fee in the amount of 2.5% and no certificate of occupancy can be issued without the fee being paid. The Departments of Community Affairs and Treasury have developed the N-RDF form (below) which outlines the process and must be used for all non-residential developments seeking a certificate of occupancy.

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.


Frequently Asked Questions

N-RDF Form with instructions

Online Non-Residential Development Fee Payment Service

Transit Hub maps

Additional information on Transit Villages

List of Municipalities currently under the jurisdiction of COAH or the Court

Click here to view a memo distributed to tax assessors on Thursday, June 26, 2008, regarding the statewide non-residential development fee.

Click here to view a letter distributed to construction officials on Thursday, June 26, 2008, regarding the statewide non-residential development fee.



 

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