45:15-16.33. Notice of filing; registration; rejection
a.Upon the filing of an application for registration at the offices of the commission, naming the brokers licensed as real estate brokers pursuant to R.S. 45:15-1 et seq. who are the authorized representatives of the subdivider, and accompanied by the proper registration fee in the proper form, and a statement of record as provided for in section 10 [C.45:15-16.36] of this act, and the proposed public offering statement, the commission shall issue a notice of filing to the applicant. Within 90 days from the date of the notice of filing, the commission shall enter an order registering the subdivision or subdivided lands or rejecting the registration. If no order of rejection is entered within 90 days from the date of notice of filing, the subdivisions or subdivided lands shall be deemed registered unless the applicant has consented in writing to a delay.
b.If the commission affirmatively determines upon inquiry and examination that the requirements of section 9 [C.45:1516.35] of this act have been met, it shall enter an order registering the subdivision or subdivided lands and shall designate the form of the public offering statement.
c.If the commission determines upon inquiry and examination that any of the requirements of section 9 of this act have not been met, the commission shall notify the applicant that the application for registration must be corrected in the particulars specified within 30 days from the date the notice is received by the applicant. These findings shall be the result of the commission’s preliminary inquiry and examination and no hearing shall be required as the basis for those findings. The receipt of a written request for a hearing shall stay the order of rejection until a hearing has been held and a determination has been made.
L. 1989, c. 239, § 7.
45:15-16.34. Initial registration fee; inspection fee; consolidated filing fee
a. (1) The fee for an initial registration shall be $ 500.00 plus $ 35.00 for each lot, parcel, unit or interest which fee shall not exceed $ 3,000.00. The initial registration shall be valid for a period of one year from the date of approval of the registration. If the fees are insufficient to defray the cost of rendering services required by the provisions of this act, the commission may, by regulation, establish a revised fee schedule. Any revised fee schedule shall assure that the fees collected reasonably cover, but do not exceed, the expenses of administering the provisions of this act.
(2)Annual renewal of registration shall be made in accordance with the provisions of section 14 [C.45:15-16.40] of this act.
(3)Any current registration filed with and approved by the commission pursuant to the provisions of P.L.1975, c. 235 (C. 45:15-16.3 et seq.) prior to the date of enactment of this act shall be exempt from initial registration under this act.
b.The application for registration shall be made on forms prescribed by the commission and shall be accompanied by the appropriate filing fee. As provided in subsection f. of section 15 [C.45:15-16.41] of this act, the commission may determine, at its discretion, that an onsite investigation or inspection is required. The commission shall advise the registrant of the amount of the cost of travel from New Jersey to the location of the subdivided lands and return and any additional expenses of an inspection, which shall be the amount of the inspection fee. All inspection fees shall be accounted for to the applicant.
c.The fee for a consolidated filing, filed pursuant to section 13 [C.45:15-16.39] of this act, shall be the same as set forth in subsection a. of this section.
L. 1989, c. 239, § 8.
45:15-16.35. Examination by commission
Upon receipt of an application for registration in proper form, accompanied by a statement of record, the commission shall initiate an examination to determine that:
a.The subdivider can convey or cause to be conveyed the interest in subdivided lands offered for disposition if the purchaser complies with the terms of the offer, and when appropriate, that release clauses, conveyances in trust or other safeguards have been provided;
b.There is reasonable assurance that all proposed improvements will be completed as represented;
c.The advertising material and the general promotional plan are not false, misleading, or discriminatory and comply with the standards prescribed by the commission in its rules and regulations and afford full and fair disclosure;
d.The subdivider has not, or if a corporation, its officers, directors, and principals have not, been convicted of a crime or civil offense involving land dispositions or any aspect of the land sales business in this State, the United States, or any other state or foreign country; and that the developer has not been subject to any permanent injunction or final administrative order restraining a false or misleading promotional plan involving real property dispositions, the seriousness of which in the opinion of the commission warrants the denial of registration; and
e.The public offering statement requirements of section 12 [C.45:15-16.38] of this act have been satisfied.
L. 1989, c. 239, § 9.
45:15-16.36. Contents of statement of record
The statement of record shall contain the information and be accompanied by the documents specified as follows:
a. The name and address of each person having an interest in the lots in the subdivision to be covered by the statement of record and the extent of that interest;