11:5-9.8 INSURANCE
(d) The Commission shall maintain a copy of every application for registration. together with all amendments thereto, that has been approved and shall make them reasonably available for public inspection during ordinary business hours at the Commission’s office.
1. The Commission will furnish to the public, upon request, a copy of the statement of record of any registered subdivision at a cost in accordance with the copying fees set forth in N.J.S.A. 47: 1A-5(b).
(e) All fees paid are non-refundable.
(f) Fees charged by the Bureau of Subdivided Land Sales Control are listed in the table below.
BUREAU OF SUBDIVIDED LAND SALES CONTROL FEES
Description Fee Out-of-State Property $ 500.00 plus $ 35.00 per Registration application fee unit fee up to a maximum of $ 3,000 Limited Exemption $ 250.00 Complete Exemption $ 80.00 Amendments to registrations $ 250.00
Amended by R.1998 d.497, effective October 5, 1998. See: 30 N.J.R. 2333(a), 30 N.J.R. 3646(a). In (b), changed N.J.A.C. reference; and in (c), deleted former 3. Amended by R.2003 d.440, effective November 3, 2003. See: 34 N.J.R. 4043(a), 35 N.J.R. 5109(a). In (d)1, inserted N.J.A.C. reference; added (f). Amended by R2004 d.130, effective April 5, 2004. See: 35 N.J.R. 4812(a), 36 N.J.R. 1780(a). In (d)1, substituted “in accordance with the copying fees set forth in N.J. S.A. 47:1A-5b” for “of $ 0.50 per page” following “at a cost”.
11:5-9.8 Issuance by the Commission of a Notice of Filing, Order of Registration, Notice of Correction, or Order of Rejection; Petition for Reconsideration, Automatic Registration
(a) Upon receipt of an application for registration in proper form and accompanied by payment of the required filing fee in the correct amount as prescribed by N.J.S.A. 45:15-16.34, the Commission shall, within 10 business days of its receipt of the same, issue a Notice of Filing to the applicant. The notice of filing shall not be construed as an approval of the registration or any portion thereof.
1. The date of filing shall be considered as the date when all required documents have been submitted in proper form and all fees, including the inspection fee, if requested, have been paid.
(b) Within 90 days from the date of a notice of filing, the Commission shall either enter an Order of Rejection or, if the Commission affirmatively determines that the requirements of N.J.S.A. 45:15-16.27 et seq. and this subchapter have been met, an Order of Registration. If within the said 90-day time period, no Order of Rejection is entered and no Notice of Deficiency as set forth in (c) below is issued, the subdivision or subdivided lands shall be deemed registered unless the applicant has consented in writing to a delay.
(c) If, during the 90 days following the date of the Notice of Filing, the Commission determines that any of the requirements of N.J.S.A. 45:15-16.27 et seq. or of this subchapter have not been met, the Commission shall issue a Notice of Deficiency to the applicant. The Notice of Deficiency shall indicate that the properties referenced in the application for registration are not registered and that the application must be corrected in a manner specified in the notice within 30 days from the date that the Notice of Deficiency is received by the applicant.
1. In the event the requirements of the Notice of Deficiency are not met within the time allowed, the Commission may enter an order rejecting the registration. All such orders shall include the factual and legal basis for the rejection and shall provide that, unless appealed, as provided in (d) below the terms of the order shall become final after 45 days.
(d) Upon the issuance of an Order of Rejection, the applicant shall have the right to file an appeal with the Commission and shall be entitled to a hearing thereon, provided that the appeal shall be filed within 45 days of the date of the Order of Rejection.
1. In the event an appeal is filed by the applicant, the Order of Rejection shall not take effect until such time as a determination has been rendered on the appeal. While an appeal of an Order of Rejection remains pending, no property which was the subject of the Notice of Filing referenced in the Order of Rejection shall be considered registered.
Amended by R.2003 d.440, effective November 3, 2003. See: 34 N.J.R. 4043(a), 35 N.J.R. 5109(a). Added (b) through (d).
11:5-9.9 Inspection of properties by the Commission
(a) As provided in N.J.S.A. 45:15-16.41, the Commission, at its discretion, may make on-site inspections of any subdivision which is the subject of an application for registration, either before an Order of Registration has been issued or thereafter. In any instance where an Order of Registration has been issued prior to the subdivision being inspected by the Commission, such Order shall be considered conditional and subject to the results of the Commission’s inspection of the premises. The Commission may at its discretion conduct subsequent on-site inspections.
(b) The costs of inspections shall be paid by the applicant who shall provide a deposit when requested by the Commission. After the inspection the Commission shall provide the applicant/ registrant with a statement of costs incurred and a refund of any portion of the deposit not expended or a request for additional funds if required.