New Jersey § 58:10b-28

§ 58:10b-28.

a. The provisions of any other law, or rule or regulation adopted pursuant thereto,

to the contrary notwithstanding, any developer that enters into a redevelopment agreement

pursuant to section 35 of P.L.1997, c. 278 ( C.58:10B-27 ), may be eligible for reimbursement of up to 75 percent of the costs of the remediation of the subject real property pursuant to the provisions

of this section upon the commencement of a business operation, or the completion of

the construction of one or more new residences, within a redevelopment project. b. To be eligible for reimbursement of the costs of remediation, a developer shall

submit an application, in writing, to the director for review and certification of

the reimbursement. The director shall review the request for the reimbursement upon receipt of an application

therefor, and shall approve or deny the application for certification on a timely

basis. The director shall also make a finding of the occupancy rate of the property subject

to the redevelopment agreement in the frequency set forth in the redevelopment agreement

as provided in section 35 of P.L.1997, c. 278 ( C.58:10B-27 ). The director shall certify a developer to be eligible for the reimbursement if the

director finds that: (1) residential construction is complete, or a place of business is located, in the

area subject to the redevelopment agreement that has generated new tax revenues; (2) the developer had (i) entered into an oversight document, with the Commissioner of Environmental Protection, after the

developer entered into the redevelopment agreement, for the remediation of contamination

located on the site of the redevelopment project pursuant to section 37 of P.L.1997, c. 278 ( C.58:10B-29 ) and the developer is in compliance with the oversight document , or (ii) complied with the requirements set forth in subsection b. of section 30

of P.L.2009, c. 60 ( C.58:10B-1.3 ); and (3) the costs of the remediation were actually and reasonably incurred. In making this finding the director may consult with the Department of Environmental

Protection. c. When filing an application for certification for a reimbursement pursuant to this

section, the developer shall submit to the director a certification of the total remediation

costs incurred by the developer for the remediation of the subject property located

at the site of the redevelopment project as provided in the redevelopment agreement,

information concerning the occupancy rate of the buildings or other work areas located

on the property subject to the redevelopment agreement, and such other information

as the director deems necessary in order to make the certifications and findings pursuant

to this section.