New Jersey § 45:22a-27

§ 45:22a-27.

a. The application for registration of the development shall be filed as prescribed

by the agency's rules and shall contain the following documents and information: (1) An irrevocable appointment of the agency to receive service of any lawful process

in any noncriminal proceeding arising under this act against the developer or his

agents; (2) The states or other jurisdictions, including the federal government, in which

an application for registration or similar documents have been filed, and any adverse

order, judgment or decree entered in connection with the development by the regulatory

authorities in each jurisdiction or by any court; (3) The name, address, and principal occupation for the past five years of every officer

of the applicant or person occupying a similar status, or performing similar management

functions; the extent and nature of his interest in the applicant or the development

as of a specified date within 30 days of the filing of the application; (4) Copies of its articles of incorporation, with all amendments thereto, if the developer

is a corporation; copies of all instruments by which the trust is created or declared,

if the developer is a trust; copies of its articles of partnership or association

and all other papers pertaining to its organization, if the developer is a partnership,

unincorporated association, joint stock company, or any other form of organization;

and if the purported holder of legal title is a person other than the developer, copies

of the above documents from such person; (5) A legal description of the lands offered for registration, together with a map

showing the subdivision proposed or made, and the dimensions of the lots, parcels,

units, or interests, as available, and the relation of such lands to existing streets,

roads, and other improvements; (6) Copies of the deed or other instrument establishing title to the subdivision in

the developer, and a statement in a form acceptable to the agency of the condition

of the title to the land comprising the development, including encumbrances as of

a specified date within 30 days of the date of application by a title opinion of a

licensed attorney, or by other evidence of title acceptable to the agency; (7) Copies of the instrument which will be delivered to a purchaser to evidence his

interest in the development, and of the contracts and other agreements which a purchaser

will be required to agree to or sign; (8) Copies of any management agreements, service contracts, or other contracts or

agreements affecting the use, maintenance or access of all or a part of the development; (9) A statement of the zoning and other government regulations affecting the use of

the development including the site plans and building permits and their status, and

also of any existing tax and existing or proposed special taxes or assessments which

affect the development; and a statement of the existing use of adjoining lands; (10) A statement that the lots, parcels, units or interests in the development will

be offered to the public, and that responses to applications will be made without

regard to marital status, sex, race, creed, or national origin; (11) A statement of the present condition of access to the development, the existence

of any unusual conditions relating to noise or safety, which affect the development

and are known to the developer, the availability of sewage disposal facilities and

other public utilities including water, electricity, gas, and telephone facilities

in the development to nearby municipalities, and the nature of any improvements to

be installed by the developer and his estimated schedule for completion; (12) In the case of any conversion an engineering survey shall be required, which

shall include mechanical, structural, electrical and engineering reports to disclose

the condition of the building; (13) In the case of any development or portion thereof against which there exists

a blanket encumbrance, a statement of the consequences for an individual purchaser

of a failure, by the person or persons bound, to fulfill obligations under the instrument

or instruments creating such encumbrances and the steps, if any, taken to protect

the purchaser in such eventuality; (14) A narrative description of the promotional plan for the disposition of the lots,

parcels, units or interests in the development, together with copies of all advertising

material which has been prepared for public distribution, and an indication of their

means of communication; (15) The proposed public offering statement; (16) A current financial statement, which shall include such information concerning

the developer as the agency deems to be pertinent, including but not limited to, a

profit and loss statement certified by an independent public accountant and information

concerning any adjudication of bankruptcy during the last five years against the developer,

or any principal owning more than 10% of the interest in the development at the time

of filing, provided, however, that this shall not extend to limited partners, or others

whose interests are solely those of investors; (17) Copies of instruments creating easements or other restrictions; (18) A statement of the status of compliance with the requirements of all laws, ordinances,

regulations, and other requirements of governmental agencies having jurisdiction over

the premises; (19) Such other information, documentation, or certification as the agency deems necessary

in furtherance of the protective purposes of this act. b. The information contained in any application for registration and copies thereof,

shall be made available to interested parties at a reasonable charge and under such

regulations as the agency may prescribe. c. A developer may register additional property pursuant to the same common promotional

plan as those previously registered by submitting another application, providing such

additional information as may be necessary to register the additional lots, parcels,

units or interests, which shall be known as a consolidated filing. d. The developer shall immediately report any material changes in the information

contained in an application for registration. The term “material changes” shall be further defined by the agency in its regulations. e. The application shall be accompanied by a fee in an amount equal to $500.00 plus

$35.00 per lot, parcel, unit, or interest contained in the application, which fees

may be used by the agency to partially defray the cost of rendering services under

the act. If the fees are insufficient to defray the cost of rendering services under P.L.1977,

c. 419 ( C.45:22A-21 et seq. ), the agency shall, by regulation, establish a revised fee schedule. The revised fee schedule shall assure that the fees collected reasonably cover but

do not exceed the expenses and administration of implementing P.L.1977, c. 419 ( C.45:22A-21 et seq. ). f. (1) An engineering study required pursuant to paragraph (12) of subsection a. of

this section shall be conducted, and the results thereof certified, by a person licensed

in this State as a professional engineer pursuant to P.L.1938, c. 342 ( C.45:8-27 et seq. ). (2) The engineer who prepares the survey shall certify to the agency whether, in his

judgment, the building is in compliance with the code standards adopted under the

“Hotel and Multiple Dwelling Law,” P.L.1967, c. 76 ( C.55:13A-1 et seq. ) and the “Uniform Fire Safety Act,” P.L.1983, c. 383 ( C.52:27D-192 et seq. ) and shall list all outstanding violations then existing in accordance with his observation

and judgment. The engineer shall be immune from tort liability with regard to such certification

and list in the same manner and to the same extent as if he were a public employee

protected by the “New Jersey Tort Claims Act,” N.J.S.59:1-1 et seq. (3) If the agency finds there is a significant discrepancy between the engineering

survey submitted by the applicant and an engineering survey submitted by any tenant

or tenants currently residing in the building, the agency shall investigate the matter

in order to determine the true state of facts prior to approving the application. The agency may use its own staff or contract with independent professionals, and

may conduct hearings in accordance with the “Administrative Procedure Act,” P.L.1968,

c. 410 ( C.52:14B-1 et seq. ). Any cost to the agency of hiring independent professionals shall be borne by the

applicant developer at the discretion of the agency.