Current through Register Vol. 56, No. 18, September 16, 2024
(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.
