New Jersey Administrative Code › Title 6A - EDUCATION › Chapter 26 - EDUCATIONAL FACILITIES › Subchapter 7 - LAND ACQUISITION, SCHOOL CLOSING, AND LAND DISPOSAL › Section 6A:26-7.1 - Approval of the acquisition of land

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A school
				district may obtain voter approval pursuant to N.J.A.C. 6A:26-3 or 9 for
				funding of land acquisition prior to Division approval of the land acquisition.
				A school district shall not take any action to acquire the land prior to
				obtaining Division approval.
(b) A
				school district, or the Development Authority on behalf of a school district,
				shall submit to the Division the following information to obtain approval under
				(a) above for land in connection with a school facilities project. The
				following requirements do not address requirements of other State agencies
				having approval or permitting jurisdiction over land acquisition.
1. The following information shall be
				provided by the school district:
i. A written
				request for that shall include a statement, signed by the board president and
				the chief school administrator, indicating the immediate and ultimate proposed
				uses of the site, in terms of building use, grade organization, and potential
				maximum enrollment, and whether the land is, or will be, part of a school
				facilities project indicated in the school district's LRFP;
ii. A map of the school district showing the
				location of the land, the location of existing schools in the school district,
				the attendance area to be served by the school, and the number of students who
				reside within the attendance area;
iii. Data regarding the impact of the
				acquisition upon racial balance within the school district's public
				schools;
iv. A full, detailed
				appraisal of the market value of the property prepared by a licensed
				professional;
v. A title report on
				the property produced by any reputable title insurer licensed in the State of
				New Jersey evidencing that title is good and marketable;
vi. A feasibility study evidencing that
				school-district-owned land within the attendance area to be served by the
				school is not available, suitable, or sufficient to be used for school
				purposes, but only if the school district is required to use the Development
				Authority and seeking approval for a new acquisition of land and not merely a
				new use for already school district-owned land; and
vii. For a school district required to use
				the Development Authority and seeking approval for the acquisition of land,
				evidence that the school district has not indemnified the seller of the land
				for the costs arising from the environmental remediation required for the
				property to be used for school purposes; acquired the land in its "as is"
				condition; or acquired the land under terms and conditions that would
				invalidate the statutory immunity of the school district from liability for the
				remediation costs associated with pre-existing contamination, whether
				discovered pre-closing or post-acquisition, under the Spill Compensation and
				Control Act,
				N.J.S.A.
				58:10-23.11 et seq.