What non-residential construction projects are subject to a fee?
Pursuant to the Act, the required fee must be collected by the municipality where the project is located prior to the issuance of a Certificate of Occupancy. The Act, however, is effective immediately and does not provide any exclusions for projects that have received development approvals or building permits, etc. Accordingly, but for the few exceptions discussed herein, all non-residential development projects in New Jersey that have not yet received a Certificate of Occupancy are potentially subject to the payment of a required fee. In determining whether or not a non-residential construction project (that hasnt already received a Certificate of Occupancy) is subject to a fee depends upon: (i) whether or not the non-residential development project meets the definition of construction resulting in non-residential development; and (ii) whether or not the non-residential development project meets any of the exemptions set forth in the Act. The Act defines construction to mean any new c
