N.J. Admin. Code § 5:120-2.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 5:120-2.2 - Reapplication for zone business benefits

(a) Any business desiring to continue to receive zone business benefits shall forward to the Zone Coordinator a complete recertification application package, upon which the business shall disclose in an accurate manner the requested information, including actual legal name of the business as registered with the State of New Jersey, the trade name of the business, the New Jersey taxpayer identification number (the unique 12-digit number assigned by the Department of the Treasury Division of Revenue), the street address of its actual location within the boundaries of the zone, complete contact information, the amount of full-time and part-time employment located within the zone for each of the three years prior to recertification or one year prior to certification, the amount of full-time and part-time employment and such employment projected for each of the next three years, actual and projected capital expenditure for the same time periods, and any other information as the Administrator shall specify.

(b) This subsection concerns time for reapplication for zone business benefits.

1. A business must reapply for zone business benefits no later than three years after the prior date of certification, or recertification, of that business to receive zone business benefits. The application is not considered as filed until all required forms and information are accurately and completely provided by the business.

2. The Administrator may extend the reapplication period deadline until a date not later than six months after the anniversary date of its certification when the business has demonstrated good faith efforts to produce the information required by the Administrator; in addition, the Administrator may extend the reapplication period deadline up to December 4, 2021 (six months beyond the end of the public health emergency), to any business seeking recertification that has demonstrated an adverse economic impact due to the state of emergency.

(c) This subsection sets forth an alternative procedure for recertification by a qualified small business when creation of new employment cannot be met.

1. A qualified small business desiring to continue to receive zone business benefits may, upon agreement with the governing body of the qualifying municipality in which the enterprise zone is located and subject to the approval of the UEZA, agree to undertake investments in the enterprise zone in lieu of creating new employment. For purposes of this subsection, investments in the enterprise zone shall include, but shall not be limited to:

i. Improvements in the exterior appearance or customer facilities of the property constituting the place of business of the qualified small business within the zone, provided that:

(1) All improvements must be of a permanent nature;

(2) All improvements to the structure which are required to meet existing ordinances are not eligible;

(3) The qualified small business submits at least one vendor's estimate of the project's costs with its "in-lieu" application; and

(4) Prior to the end of the current recertification year and upon completion of the improvement, a paid in full bill must be submitted to the UEZA and to the municipality;

ii. Monetary or in-kind contributions to the qualifying municipality to undertake improvements to increase the safety or attractiveness of the zone to businesses which may wish to locate there or to consumer visitors to the zone, including but not limited to:

(1) Litter clean up and control;

(2) Landscaping;

(3) Creation or improvement of parking areas and facilities;

(4) Creation or improvement of recreational and rest area facilities;

(5) Repair or improvement of public streets, curbing, sidewalks and pedestrian thoroughfares;

(6) Creation or improvement of street lighting; or

(7) Increase in police, fire or sanitation services in the enterprise zone;

iii. Monetary contributions to the qualifying municipality to undertake employment related training programs; or

iv. Monetary contributions to the qualifying municipality to undertake physical improvements or assist in educational or training programs of county schools, colleges and vocational schools.

2. In order for an investment to constitute an alternative means by which a qualified small business may become recertified as a qualified small business, the investment by that business shall:

i. Be no less than $ 5,000 if the business employs 10 or fewer employees; or

ii. If the business employs more than 10 employees, be not less than the amount produced by multiplying the number of employees employed by the small business by $ 500.00.

(d) This subsection concerns acceptance as a recertified qualified business.

1. When a business has been granted recertification by the Administrator, the business shall be placed on the qualified business register. The business shall be eligible for all zone business benefits as determined by UEZA.

2. Once a business is placed on the qualified business register, it shall be eligible for zone business benefits until its next triennial date of recertification, subject to (c) above.

(e) This subsection concerns denial of recertification of a qualified business.

1. When a business has been denied recertification by failing to meet the requirements of a "qualified business," and by failing to increase permanent employment in the business, the business may appeal the Administrator's decision.

2. A business which is denied recertification may submit an appeal as provided in (f) below.

(f) The procedure for appealing denial of recertification is as follows:

1. Within 10 business days after the business has received notification from the Zone Coordinator by certified mail, return receipt requested, an appeal of denial of recertification shall be made in writing and shall be forwarded to the Administrator by certified mail, return receipt requested.

2. The written appeal shall be accompanied with evidence to support a basis for appeal of the Administrator's decision.

3. The UEZA shall notify the appealing business of the date, time and place of the review, which shall be no later than the later of 45 days after the date that the UEZA has received the appeal letter from the business or the date of the second next public meeting of the UEZA Board. The appeal shall be timely noticed as a Board agenda item and the business has the right to attend and be represented at the review.

4. The review will be conducted by the Board of the UEZA. The Board shall decide the appeal and issue a written report within 10 working days of the minutes of the meeting becoming final.

5. The appealing business may request a hearing pursuant to the Administrative Procedures Act, N.J.S.A. 52:14B-1et seq.

N.J. Admin. Code § 5:120-2.2

The following annotations apply to N.J.A.C. 5:120-2.2 prior to its repeal by R.2009 d.331:
Amended by R.2004 d.101, effective 3/15/2004.
See: 35 N.J.R. 4816(a), 36 N.J.R. 1357(c).
Rewrote "Administrator; deleted "Commissioner"; added "Secretary".
The following annotations apply to N.J.A.C. 5:120-2.2 subsequent to its recodification in part from N.J.A.C. 5:120-2.3, 5:120-2.4; 5:120-2.5, 5:120-2.6, 5:120-2.11 and 5:120-2.12 by R.2009 d.331:
Amended by R.1993 d.416, effective 8/16/1993.
See: 25 N.J.R. 2645(b), 25 N.J.R. 3837(a).
Amended by R.2004 d.101, effective 3/15/2004.
See: 35 N.J.R. 4816(a), 36 N.J.R. 1357(c).
In (c), substituted "Commerce and Economic Growth Commission" for "Commerce and Economic Development"; in (d), substituted "Secretary" for "Commissioner".
Recodified in part from N.J.A.C. 5:120-2.3, 5:120-2.4; 5:120-2.5, 5:120-2.6, 5:120-2.11 and 5:120-2.12, and amended by R.2009 d.331, effective 11/2/2009.
See: 41 N.J.R. 2372(a), 41 N.J.R. 4071(b).
Inserted designation (a); rewrote (a); recodified the introductory paragraph of N.J.A.C. 5:120-2.4 as (b) and N.J.A.C. 5:120-2.4(a) and (b) as (b)1 and (b)2; rewrote (b); recodified the introductory paragraph of N.J.A.C. 5:120-2.5 as (c) and N.J.A.C. 5:120-2.5(a) and (b) as (c)1 and (c)2; rewrote (c); recodified the introductory paragraph of N.J.A.C. 5:120-2.6 as (d) and N.J.A.C. 5:120-2.6(a) and (b) as (d)1 and (d)2; rewrote (d); recodified the introductory paragraph of N.J.A.C. 5:120-2.11 as (e) and N.J.A.C. 5:120-2.11(a) and (b) as (e)1 and (e)2; rewrote (e); recodified the introductory paragraph of N.J.A.C. 5:120-2.12 as (f) and N.J.A.C. 5:120-2.12(a) through (e) as (f)1 through (f)5; and rewrote (f). Former N.J.A.C. 5:120-2.2, Definitions, repealed.

Amended by 53 N.J.R. 1303(a), effective 6/30/2021