New Jersey Proposes Act To Extend Permit Extension Act of 2008

December 2009Alerts Zoning and Land Use Practice Group Alert

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The New Jersey legislature recently introduced a bill that proposes a significant benefit to developers of approved projects that are sitting on the sidelines due to the turbulent economic climate. Assemblymen Louis D. Greenwald and Louis R. Malone, III, co-sponsored bill A-4347, which seeks to further extend the expiration date of permits covered by the “Permit Extension Act of 2008” P.L. 2008, c. 78 (N.J.S.A. 40:55D-136.1 et seq.) (the “Act”). The Act initially created an automatic extension period of all “approvals” (as defined in the Act) commencing January 1, 2007, and continuing until July 1, 2008 (the “Extension Period”).

A-4347 proposes to further extend the Extension Period under the Act until December 31, 2012. Thus, under this bill, government approvals covered by the Act would remain valid until December 31, 2012, or two and a half years beyond their current expiration. As introduced, all other requirements of the Act would remain in full force and effect, and no approval extended by A-4347 would be extended beyond six months after the conclusion of the extension period, or June 30, 2013.

All taxpayers are urged to contact their local representatives in the Assembly and the Senate to express support for this measure as it offers some breathing room to developers trying to weather these tough economic times. If you have any questions about the Permit Extension Act or A-4337, please feel free to contact the New Jersey members of Fox Rothschild’s Zoning and Land Use Practice Group.