Developers who have obtained or will obtain a preliminary or final site plan approval for a non-residential development on or after July 1, 2013 and before January 1, 2015 and who have paid the Statewide Non-Residential Development Fee to the municipality or the State, as applicable, will be entitled to a refund of their payment if the Statewide Non-Residential Development Fee moratorium bill (S-1011/A-1907) becomes law.  The bill has passed both houses of the New Jersey Legislature and is currently awaiting the Governor’s signature.
Continue Reading Protect Your Statewide Non-Residential Development Fee Refund

I.  In General

It seems unlikely that the New Jersey Legislature will further extend the “Extension Period” of the Permit Extension Act (the “Act”) beyond December 31st of this year. Therefore, property owners and developers, with approvals which the Act extends, need to determine when these approvals or their periods of protection expire and what they can do to further extend these approvals.Continue Reading Duration and Extensions of Permits and Approvals Extended by the New Jersey Permit Extension Act

There’s a new online tool available to businesses that want to better understand the job creation incentives available through the New Jersey Economic Opportunity Act of 2013. Launched by Choose New Jersey Inc. and sponsored by the law firm of Sills Cummis & Gross, P.C., the Incentives Calculator considers input such as location, job creation and real estate type before giving users a customized calculation of tax incentives their businesses have the potential to qualify for by creating jobs and investing in New Jersey.
Continue Reading Choose New Jersey/Sills Cummis Launch Online Tool to Calculate State Tax Incentives

C&K Properties, owners of 2 Gateway Center, Class A office tower in the heart of Newark’s Central Business District, unveiled today a groundbreaking mobile application designed to help real estate professionals and businesses owners streamline the process of calculating business incentives under New Jersey’s recently enacted Economic Opportunity Act of 2013.
Continue Reading Gateway 2 Owner (Sills Cummis Client) Unveils App to Calculate State Incentives

After a week of orders and stays by the New Jersey Supreme Court and the Superior Court of New Jersey, Appellate Division, the New Jersey Supreme Court, in an order issued this afternoon, has set forth a definitive schedule and process which COAH must follow in proposing and adopting its Third Round Rules, in accordance with the New Jersey Supreme Court’s September 26, 2013 decision in In Re N.J.A.C. 5:96 and 5:97, 215 N.J. 578 (2013). These Rules will be adopted by November 17, 2014 and will utilize the methodology of the First and Second Round Rules. They will, thus, not use a growth share methodology.
Continue Reading COAH Third Round Rules by November 17, 2014

The Assembly and the Senate passed a bill today extending the deadline for remedial investigation of contaminated sites to May 7, 2016 before the New Jersey Department of Environmental Protection (“NJDEP”) undertakes direct oversight. In the absence of the extension, a failure to comply with the statutory deadline would have triggered for many sites a requirement of direct NJDEP oversight of the remedial investigation, resulting in a large loss of control over remediation decision-making and possibly higher costs. The bill is waiting on Governor Chris Christie’s desk.
Continue Reading Legislature Sends Bill Extending Remedial Investigation Deadline to Governor

Both the Assembly and the Senate passed a bill today which would avoid the withdrawal of many wastewater and sewer service areas (SSAs). Under this legislation, the current deadline of January 17, 2014 would be extended up to two years. The bill is currently awaiting approval from Governor Chris Christie.

The current Water Quality Management Planning rules (“WQMP rules”) require wastewater planning agencies, which are typically county governing bodies, to submit a wastewater management plan to the New Jersey Department of Environmental Protection (“NJDEP”) by January 17, 2014. If the wastewater planning agency fails to submit a wastewater management plan by the statutory deadline, then the current SSAs would be withdrawn. Without SSAs in place, new development would essentially be prohibited.Continue Reading Legislature Approves Bill Extending Water Quality Management Planning Rules

LANDMARK LEGISLATION WILL ENABLE STATE TO CREATE AN EVEN MORE BUSINESS FRIENDLY CLIMATE

TRENTON, N.J. (November 15, 2013) — The Board of the New Jersey Economic Development Authority (EDA) took action today to authorize the Authority to begin accepting applications for incentive programs provided under the New Jersey Economic Opportunity Act, signed into law by