Extended: NJ Permit Extension Act Goes to 12/31/12
NJ builders and developers can breath a small sigh of relief, as before leaving office former Governor Corzine saw fit to approve further extension of the deadline for expiration of permits and approvals covered by NJ's Permit Extension Act of 2008 (PEA). The further extension was accomplished on 1/18/10 when Governor Corzine signed Bill A-4347 (PEA Amendment) in to law shortly before exiting stage left.
The PEA covers most but not all state, county and local permits and approvals in place and valid as of 1/1/07 and originally extended the deadline for expiration of covered permits and approvals until 7/1/10. As amended, the PEA now pushes the expiration deadline back to 12/31/12. [Under the tolling provision of the PEA (N.J.S.A. 40:55D-136.4), which remains in effect, some permits and approvals may be good until 6/30/13, depending on the circumstances.] Also good news: the holders of covered permits and approvals are still allowed to seek further extensions beyond current PEA deadlines if authorized by other law.
Keep in mind that the PEA does not cover permits or approvals issued within an "environmentally sensitive area" among other exclusions.
Attached is a copy of the 1/25/10 Letter to Code Officials on the PEA Amendment from the DCA is attached. It addresses UCC permits but still does a nice job of clarifying how/when the PEA applies with the new deadline of 12/31/12. It could prove useful to owners and builders holding covered permits and approvals.
The extension to 12/31/12 is a good thing for beat-up developers and builders and responsible development needed to help NJ dig out from its current economic hole.
