N.J. Admin. Code § 19:7-5.6

Current through Register Vol. 56, No. 11, June 3, 2024

Section 19:7-5.6 - Transportation development fee refunds and property transfers

(a) Refunds from the transportation development fees collected, plus earned interest, shall be granted as follows:

1. Within 10 years of the date of collection, any transportation development fee not committed to a transportation project or used for allowable administrative costs shall be refunded with accrued interest to the applicant and/or property owner.

2. Upon the written request from any applicant and/or property owner, the transportation development fee, or calculated portion thereof, as determined by the NJMC, may be refunded for any of the following:

i. Zoning certificates that are no longer valid pursuant to 19:4-4.6, provided such written request is received within one year of the date of which the certificate becomes null and void;

ii. Zoning certificates rescinded by the Chief Engineer, upon written request of the applicant and/or property owner, provided that no work has commenced on the subject approval; or

iii. Zoning certificates, including portions thereof or revisions thereto, rescinded by the Chief Engineer, upon written request of the applicant and/or property owner, for uncompleted portions of the subject approval for which the transportation development fee is applicable.

(b) Any applicant and/or property owner who transfers the rights of a development or zoning certificate which is subject to a transportation development fee shall enter into a Rights Memorandum of Agreement (RMOA) with all parties involved in the transfer of rights, in accordance with this section and as follows:

1. The RMOA shall indicate which parties are entitled to receive any refund;

2. The RMOA shall be filed with the county;

3. Proof of filing with the county shall be submitted to the NJMC; and

4. If the applicant and/or property owner fails to enter into an RMOA, the refund shall be made to the property owner at the time of refund.

N.J. Admin. Code § 19:7-5.6

Amended by R.2011 d.118, effective 4/18/2011.
See: 42 N.J.R. 2938(a), 43 N.J.R. 1044(a).
Added (a)2.