New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 9 - LOCAL GOVERNMENT UNIT ACQUISITION PROJECTS: PROJECT AGREEMENT, NEGOTIATIONS FOR PURCHASE OF PROJECT SITE, SUPPLEMENTAL FUNDING, DISBURSEMENTS OF LOAN OR MATCHING GRANT, LOAN REPAYMENT, AND ACCOUNTING AND RECORDKEEPING REQUIREMENTS › Section 7:36-9.4 - Disbursement of loan or matching grant

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Green Acres shall disburse the loan or matching grant in advance of closing, or as reimbursement after closing or after the filing of a declaration of taking.
(b) If a local government unit seeks payment in advance of closing, it shall submit its request at least 60 days before the scheduled date of closing.
(c) For each parcel of land in the project site for which payment is requested, the local government unit shall submit:
1. For payment in advance of closing, the following:
i. Until the deed is executed, a copy of the contract of sale or, for condemnation cases, the Declaration of Taking. Immediately upon acquiring the land, the local government unit shall record the deed and, within 30 days of its recording, shall submit to Green Acres a copy of the recorded deed or Declaration of Taking, containing the metes and bounds description required under (c)1ii below, including the clause stating that the parcel is subject to the Green Acres restrictions as required by the project agreement under 7:36-9.1(a);
ii. The survey package including:
(1) Two copies of a land survey plan prepared in accordance with the Local and Nonprofit Land Survey Overview, attached as Appendix 2, incorporated herein by reference, and supplied to the local government unit by Green Acres with the procedural letter at 7:36-8.1. The survey shall be prepared in accordance with the rules of the State Board of Professional Engineers and Land Surveyors at N.J.A.C. 13:40-5 and be compatible with the Mapping and Digital Data Standards at N.J.A.C. 7:1, Appendix A. The survey shall show areas to be subject to or excluded from Green Acres restrictions;
(2) One 3 1/2 inch floppy diskette or CD-ROM of the parcel survey lines in a .dxf format;
(3) Two copies of the metes and bounds description, stating acreage of each included lot, corresponding to the survey required under (c)1ii(1) above, submitted on the surveyor's letterhead, and signed and sealed by the surveyor, each with an 8 1/2 inch by 11 inch reduced survey plan described at (c)1ii(1) above attached for recording; and
(4) A Surveyor's Certification and Summary form provided by Green Acres, completed and signed by the surveyor, that identifies the project, provides information about the parcel's survey and title, and certifies that the survey was completed in accordance with the Local and Nonprofit Land Survey Overview, set forth herein as chapter Appendix 2, available from Green Acres at PO Box 412, Trenton, New Jersey 08625 or on the Green Acres web page at
www.nj.gov/dep/greenacres
;
iii. Until the title insurance policy described at (c)2iii below is issued, a copy of the title insurance binder, with copies of the deeds of record and of all easements, restrictions, and other instruments of record as attachments. The binder shall insure the land survey plan and shall name the State as an additional insured. Within 60 days of the recording of the deed, the local government unit shall submit to Green Acres the title insurance policy;
iv. A copy of each cancelled check (both sides) or evidence of each electronic transfer of funds for allowable project costs under 7:36-4.10 associated with the parcel;
v. An Acquisition Payment Request Form, provided by Green Acres with the notification of the eligible land cost under 7:36-8.4, with the following items completed:
(1) The project name, lot and block numbers, name of local government unit, and county;
(2) An itemized statement of the cost of acquisition of the parcel;
(3) A certification by the local government unit's chief executive officer, chief financial officer, or municipal clerk that the information contained in the form is accurate and that no bonus has been given or received in connection with any bill for which the local government unit seeks payment;
(4) A justification of any difference between the purchase price and the eligible land cost of the parcel; and
(5) A justification of any difference between the parcel acreage as described in the appraisal and the parcel acreage to be purchased;
vi. The certification from the local government unit's chief executive office regarding the Preliminary Assessment, required under 7:36-8.2, if not previously submitted; and
vii. For a purchase of a conservation or historic preservation restriction, the Present Condition Report described at 7:36-4.7(e).