By: Henry T. Chou, Esq.
On December 30, 2009, the Appellate Division invalidated BPU’s “main extension” regulations that required developers to pay the full costs of extending utilities to areas not designated for growth under the State Development and Redevelopment Plan. Immediately thereafter, numerous developers raised questions as to how the ruling affects their applications for extension of utilities and whether refunds were forthcoming. Ten months later, BPU has finally issued an administrative order that explains how it will implement the court’s decision as to prior, pending and future applications.