Search Rutgers Law Library N.J. Court Opinions

1 EREZ HOLDINGS URBAN RENEWAL, LLC, v. DIRECTOR, DIVISION OF TAXATION -- rank: 1000

... Fee (NRDF) imposed by defendant, Township of Lakewood (Lakewood) under N.J.S.A. 40:55D-8.4. In so affirming, the Director rejected plaintiff’s claim ... portion titled “Exempt From or Not Subject to Fee [N.J.S.A. 40:55D-8.4] Check one if appropriate,” although the form states ... of the parking lot in computing the NRDF. 5 See N.J.S.A. 40 :55D-8.4(b)(1) (“exempt from the imposition of” the ... of the EAV “of the land and improvements.” N.J.S.A. 40:55D-8.4(a)(1) (emphasis added); 10 Legislative Fiscal Estimate, Sen ... the EAV of the “additions to existing structures.” N.J.S.A. 40:55D-8.4(a)(2). 11 See also General Instructions to Form ... 54:1- 35.35, 12 and then compute the NRDF. N.J.S.A. 40:55D-8.4(e). The statute’s plain language evidences that ...

docket:	13941-18
court:	NJ Tax Court
decided:	2022-02-01
status:	Published
citation:
Document Size:	55598

2 BETA REALTY UNIT 6 LLC. v. TOWNSHIP OF RANDOLPH -- rank: 933

... Fee Act"), L. 2008, c. 46, §§ 32-38 ( N.J.S.A. 40:55D-8.1 to -8.7), was enacted. That legislation superseded local ... value of both the improvements and the land being developed. N.J.S.A. 40:55D-8.4a(1). As a result of the new State legislation ... of land. See L. 2009, c. 90, § 37, amending N.J.S.A. 40:55D-8.6. As applied to this case, the Stimulus Act relieved ... under the Fee Act. L. 2009, c. 90, §39 ( N.J.S.A. 40:55D-8.8). However, the Stimulus Act excluded any refund of development ... center is exempted from payment of a development fee by N.J.S.A. 40:55D-8.4b(2), which provides: [T]he following shall be exempt ... center with activities and services oriented towards serving senior citizens. [ N.J.S.A. 40:55D-8.4b.] There is no dispute that plaintiff's tennis ...

docket:	a3910-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-16
status:	unpublished
citation:
Document Size:	39257

3 BERGEN RIDGE HOMEOWNERS ASSOCIATION, INC v. TOWNSHIP OF NORTH BERGEN PLANNING BOARD, -- rank: 889

... appearance of impropriety, and O-1106-07 was consistent with N.J.S.A. 40:55D-8, which provides, in pertinent part: a. Every municipal agency shall ... special meeting fees to Board members was acceptable according to N.J.S.A. 40:55D-8(b) and necessary to address the backlog of applications, given ... to Board members for attending special meetings. Plaintiff argues that N.J.S.A. 40:55D-8(b) permits filing fees to be used only for administrative costs and not for compensation of Board members. However, N.J.S.A. 40:55D-8(b) 17 A-0206-15T1 provides that fees charged to ...

docket:	a0206-15
court:	NJ Superior Court Appellate Division
decided:	2018-08-30
status:	Unpublished
citation:
Document Size:	83373

4 Lowe’s Home Centers, Inc. v. Township of Raritan -- rank: 837

... Residential Development Fee Act, L. 2008, c. 46, became law. N.J.S.A. 40:55D-8.1 to -8.7. The statute superseded municipal ordinances imposing ... the land and improvements” of new non-residential construction. See N.J.S.A. 40:55D-8.4(a)(1). The new, uniform fee was to be ... challenge with the Director of the Division of Taxation.” N.J.S.A. 40:55D-8.6(b). “Appeals from a determination of the director ... a building permit is issued prior to January 1, 2013. N.J.S.A. 40:55D-8.6(a)(1). Plaintiff’s project fell within the moratorium ... date of” L. 2008, c. 46, or July 17, 2008. N.J.S.A. 40:55D-8.6(a). The parties agree that plaintiff’s project falls ... township, however, is at issue between the parties. According to N.J.S.A. 40:55D-8.8(a), “[a] developer of a property that ...

docket:	008173-09
court:
decided:	2011-11-03
status:
citation:
Document Size:	30891

5 LIFE TIME FITNESS INC v. BOROUGH OF FLORHAM PARK -- rank: 805

... the Statewide Non-residential Development Fee Act (Statewide Fee Act), N.J.S.A. 40:55D-8.1 to –8.7. The Statewide Fee Act imposed ... the equalized assessed value of all new, nonresidential construction projects. N.J.S.A. 40:55D-8.4a. The Statewide Fee Act superseded local ordinances, but carved ... prior to the effective date of the Statewide Fee Act. N.J.S.A. 40:55D-8.6d. The term "committed" includes circumstances in which "the developer ... agreement with the municipality, such as a developer's agreement." N.J.S.A. 40:55D-8.6c. According to the Borough, appellant fell into this category ... the Director was expressly authorized under the Statewide Fee Act. N.J.S.A. 40:55D-8.6b. Further, the Act provided that developers were statutorily authorized ... Stimulus Act), L. 2009, c. 90, § 39, codified at N.J.S.A. 40:55D-8.8. The Stimulus Act required municipalities to refund NRDF' ...

docket:	a4208-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-24
status:	unpublished
citation:
Document Size:	29614

6 JONATHAN WISHNIA v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WARREN -- rank: 791

... the Board's escrow fee was invalid. He maintained that N.J.S.A. 40:55D-8(b) did not list appeals or requests for ordinance interpretation ... costs associated with land use reviews. The primary function of N.J.S.A. 40:55D-8(b) is to allow a "municipality to impose reasonable fees ... N.J. Super. 498 , 502 (App. Div. 1985). As such, N.J.S.A. 40:55D-8(a) provides, "[e]very municipal agency shall adopt and may ... Ordinance, for the administration of its functions, powers and duties . . . ." N.J.S.A. 40:55D-8(b), thereafter provides, "[f]ees to be charged (1) an ...

docket:	a0883-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-19
status:	unpublished
citation:
Document Size:	40767

7 FREDA, JOSEPH G. BY ACME AS : TENANT v. CITY OF SEA ISLE CITY -- rank: 791

... non-residential development fee funds low- and moderate-income housing. N.J.S.A. 40:55D-8.2. The escrow fees are for professional services incurred by ... imposed on all construction resulting in non-residential development . . . .” N.J.S.A. 40:55D-8.4(a). Certain properties, such as churches, are exempt from the fee. N.J.S.A. 40:55D-8.4(b). However, if the property ceases to be used ... issuance of a certificate of occupancy for such development.” N.J.S.A. 40:55D-8.4(d). To be sure, the Legislature made clear � ... Franklin, 201 N.J. Super. 498 , 505 (App. Div. 1985); N.J.S.A. 40:55D-8(b); N.J.S.A. 40:55D- 53.1. Nowhere ...

docket:	06381-23
court:	NJ Superior Court Appellate Division
decided:	2024-03-05
status:	Published
citation:
Document Size:	25441

8 /usr/local/share/www/libweb/collections/courts/appellate/a1535-12a1537-12a1538-12a1731-12a1732-12.opn.html -- rank: 773

... still required to impose non-residential development fees pursuant to . . . [ N.J.S.A. 40:55D-8.1 through -8.7].' According to Vandenberg, developers were required ... 1) the imposition of non-residential development fees pursuant to N.J.S.A. 40:55D-8.1 to -8.7, to be deposited in the statewide ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	88216

9 JAGUAR LAND ROVER NORTH AMERICA v. DIRECTOR, DIVISION OF TAXATION -- rank: 733

... opinion concerning the Statewide Non-residential Development Fee Act (Statute), N.J.S.A. 40:55D-8.1 to -8.7. The novel issue presented is one ... fee . . . on all construction resulting in non-residential development. . . .” N.J.S.A. 40:55D-8.4(a). The Statute provides several exemptions from the non ... are located within a specifically delineated urban transit hub. . . .” N.J.S.A. 40:55D-8.4(b)(4). The Urban Transit Hub Tax Credit Act ... s focus is on the purpose of the Form. See N.J.S.A. 40:55D-8.4(c)(1) (“developers shall pay non-residential development ... and on such forms as required by the Treasurer . . . .” N.J.S.A. 40:55D-8.4(c)(1). The Form is intended to facilitate the ... the non-residential development fee exemption to urban areas. See N.J.S.A. 40:55D-8.2(b) (“In order to balance the needs ...

docket:	14046-18
court:	NJ Superior Court Appellate Division
decided:	2022-07-29
status:	Published
citation:
Document Size:	36919

10 /usr/local/share/www/libweb/collections/courts/appellate/a4140-13.opn.html -- rank: 724

... N.J.S.A. 52:27D-311(a). See also N.J.S.A. 40:55D-8.7(a). Consistent with the FHA and MLUL, Council on ... J.A.C. 5:94-6.2(a). See also N.J.S.A. 40:55D-8.2(a), -8.7(a); N.J.S.A. 52 ... authorized ordinance imposes the development fees on all construction. See N.J.S.A. 40:55D-8.7(a). For example, in addition to houses, sheds of ... so long as they are not prohibited by the FHA. N.J.S.A. 40:55D-8.7(a). Consistent with the FHA and MLUL, COAH rules ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	22350

11 JAMES L. LAMBERT v. BOROUGH OF BEACH HAVEN -- rank: 626

... those rules must not be 'inconsistent with [the MLUL].' See N.J.S.A. 40:55D-8(a). The MLUL requires that all actions of the Board ...

docket:	a0555-19
court:	NJ Superior Court Appellate Division
decided:	2020-04-27
status:	Unpublished
citation:
Document Size:	44048

12 IN THE MATTER OF THE APPLICATION OF THE TOWNSHIP OF BORDENTOWN -- rank: 582

... N.J.S.A. 52:27D-311(a); see also N.J.S.A. 40:55D-8.7(a). A-0357-20 17 A. We first address ...

docket:	a0357-20
court:	NJ Superior Court Appellate Division
decided:	2022-03-14
status:	Published
citation:
Document Size:	70103

13 MONMOUTH COMMERCE CENTER, LLC v. HOWELL TOWNSHIP -- rank: 571

... the Township alleging that the application fees, imposed pursuant to N.J.S.A. 40:55D-8(b) to cover the 'administrative costs' associated with the New ... valid cause of action: that the application fees, pursuant to N.J.S.A. 40:55D-8(b), were excessive, unreasonable, and constituted an illegal exaction. A ... in the case were inappropriate on a motion to dismiss. N.J.S.A. 40:55D-8(b) authorizes a municipality agency to charge reasonable fees which ...

docket:	a3278-20
court:	NJ Superior Court Appellate Division
decided:	2022-05-12
status:	Unpublished
citation:
Document Size:	21514

14 THE FISH GRILL, INC. v. DIRECTOR, DIVISION OF TAXATION, -- rank: 571

... under the Non- Residential Development Fee Act (the “Act”). N.J.S.A. 40:55D-8.4(a). Plaintiff asserts that it is exempt from the ... to existing structures to be used for non-residential purposes. [N.J.S.A. 40:55D-8.4(a).] The Act defines “construction” as “new ... to the ‘State Uniform Construction Code Act…’” N.J.S.A. 40:55D-8.3 (emphasis added). The Rehabilitation Subcode of the Uniform Construction ... are to be defined by the Uniform Construction Code. See N.J.S.A 40:55D-8.3. The code explicitly provides, as stated above, that � ...

docket:	000010-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-07
status:	Unpublished
citation:
Document Size:	25476

15 THE GALAXY TOWERS CONDOMINIUM ASSOCIATION INC v. TOWNSHIP OF NORTH BERGEN PLANNING BOARD -- rank: 565

... special meeting they attended. This compensation, however, was permitted by N.J.S.A. 40:55D-8(b), and authorized by Township Ordinance 1085-06. We presume ... to ensure proper deliberations on pending applications, as authorized by N.J.S.A. 40:55D-8(b). He added: The fee schedule adopted by ordinance is ...

docket:	a3583-13
court:	NJ Superior Court Appellate Division
decided:	2016-08-08
status:	unpublished
citation:
Document Size:	60228