reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 14 - LOCAL GOVERNMENT UNIT DEVELOPMENT PROJECTS: PROJECT AGREEMENT, BID PROCEDURES, SUPPLEMENTAL FUNDING, CONSTRUCTION REQUIREMENTS, SITE INSPECTIONS, DISBURSEMENT OF LOAN OR MATCHING GRANT, PROJECT CLOSEOUT, TERMS OF LOAN REPAYMENT, ACCOUNTING AND RECORDKEEPING › Section 7:36-14.1 - Project agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each Green Acres development project shall have a project agreement, which shall be executed by the local government unit and the Department. The project agreement shall set out the rights and responsibilities of the local government unit and the Department in regards to the development project and shall contain all information identified in (c) below. A declaration shall be attached to the project agreement that includes the local government unit's ROSI and declares that all of the local government unit's funded and unfunded parkland are subject to the Green Acres restrictions.
(b) Green Acres shall send the project agreement and declaration to the local government unit for approval and signature after the funding award made under 7:36-13.3(b)  has received legislative appropriation. The local government unit shall ensure that the project agreement and declaration are approved and signed by the local government unit's attorney, and executed by the person authorized under the resolution described at 7:36-12.4(a)2  or an updated resolution submitted by the local government unit.
(c) The project agreement shall contain:
1. A description of the project facility(ies) to be developed;
2. The declaration, that contains the Recreation and Open Space Inventory (ROSI) described at 7:36-12.5 as adjusted to correct any inaccuracies, if any, discovered by the local government unit or Green Acres;
3. The estimated cost of the development project;
4. The amount of the Green Acres funding award pursuant to 7:36-13.3(b)  and, if applicable, the local government unit's matching share of the cost of the development project;
5. Special conditions, if any;
6. The project period during which the development project must be completed, generally two years from the effective date of the project agreement;
7. The requirements for recordkeeping, project administration, and, if the Green Acres funding includes a loan, loan repayment; and
8. Other terms and conditions, including a statement of the remedies described at (j) through (m) below and a statement of the requirements for maintenance, use, development, and disposal or diversion of parkland as described at N.J.A.C. 7:36-25 and 26.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 14 - LOCAL GOVERNMENT UNIT DEVELOPMENT PROJECTS: PROJECT AGREEMENT, BID PROCEDURES, SUPPLEMENTAL FUNDING, CONSTRUCTION REQUIREMENTS, SITE INSPECTIONS, DISBURSEMENT OF LOAN OR MATCHING GRANT, PROJECT CLOSEOUT, TERMS OF LOAN REPAYMENT, ACCOUNTING AND RECORDKEEPING › Section 7:36-14.2 - Bid procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of the construction plans, the Pre-Construction Engineering Certification, and the Development Compliance Checklist required under N.J.A.C. 7:36-13.3(d), the certification from the local government unit's chief executive officer regarding the preliminary assessment required under 7:36-13.4, and proof that all necessary permits, approvals, or waivers have been obtained, Green Acres shall conduct a review. If any changes to the plans or documents are required, Green Acres will send the local government unit a letter requesting the necessary changes. Once Green Acres approves the submitted documents and verifies that the construction plans are consistent with the approved project scope, Green Acres will send the local government unit a proceed to bid letter.
(b) After receipt from Green Acres of the proceed to bid letter, the local government unit shall solicit bids on the project contracts, as required under the Local Public Contracts Law, 40A:11-1 et seq.
(c) The local government unit shall include the following statement in each advertisement and invitation to bid:
"Please be advised that State funds through the Green Acres Program are being utilized in this project. Under N.J.A.C. 7:1-5, vendors currently suspended, debarred, or disqualified are excluded from participation on this project."
(d) All bid specifications and contracts shall require that all facilities must be constructed in accordance with all applicable State and local construction codes.
(e) The local government unit shall submit the Local Public Contracts Law certification required under 7:36-13.3(d) immediately upon execution of each contract for professional services or construction.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 14 - LOCAL GOVERNMENT UNIT DEVELOPMENT PROJECTS: PROJECT AGREEMENT, BID PROCEDURES, SUPPLEMENTAL FUNDING, CONSTRUCTION REQUIREMENTS, SITE INSPECTIONS, DISBURSEMENT OF LOAN OR MATCHING GRANT, PROJECT CLOSEOUT, TERMS OF LOAN REPAYMENT, ACCOUNTING AND RECORDKEEPING › Section 7:36-14.3 - Supplemental funding

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A local government unit may request, in writing, supplemental funding if:
1. The local government unit has solicited bids on the project at least two times, and the bid selected or the negotiated contract amount for the project's construction, plus the other allowable project costs listed at 7:36-10.6, exceed the funding amount awarded under 7:36-13.3(b)  plus, if applicable, the local government unit's matching share of the allowable project costs;
2. The local government unit incurs contract cost overruns and has submitted to Green Acres a copy of the change order(s) for the cost overruns under 7:36-14.4(c); or
3. The amount of the Green Acres funding award approved by the Garden State Preservation Trust in 7:36-13.3 plus, if applicable, the local government unit's matching share of the development project is less than the estimated cost of the development project submitted with the application in 7:36-12.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 14 - LOCAL GOVERNMENT UNIT DEVELOPMENT PROJECTS: PROJECT AGREEMENT, BID PROCEDURES, SUPPLEMENTAL FUNDING, CONSTRUCTION REQUIREMENTS, SITE INSPECTIONS, DISBURSEMENT OF LOAN OR MATCHING GRANT, PROJECT CLOSEOUT, TERMS OF LOAN REPAYMENT, ACCOUNTING AND RECORDKEEPING › Section 7:36-14.4 - Construction requirements; site inspections

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Green Acres shall periodically inspect the project to ensure compliance with the project agreement established under 7:36-14.1.
(b) The local government unit is responsible for supervising the construction of the project and for ensuring that all construction contract specifications are met.
(c) The local government unit shall submit to Green Acres a copy of each change order processed in accordance with the Local Public Contracts Law, 40A:11-1 et seq. Green Acres encourages the local government unit to submit all change orders before the local government unit undertakes the work covered by the change order to ensure that the proposed costs are allowable under the project agreement.
(d) The local government unit shall erect and maintain for the duration of the project a construction sign that identifies the project as Green Acres funded and meets Green Acres' specifications for size, content and design provided with the procedural letter at 7:36-13.3(d).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 14 - LOCAL GOVERNMENT UNIT DEVELOPMENT PROJECTS: PROJECT AGREEMENT, BID PROCEDURES, SUPPLEMENTAL FUNDING, CONSTRUCTION REQUIREMENTS, SITE INSPECTIONS, DISBURSEMENT OF LOAN OR MATCHING GRANT, PROJECT CLOSEOUT, TERMS OF LOAN REPAYMENT, ACCOUNTING AND RECORDKEEPING › Section 7:36-14.5 - 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 the local government unit incurring allowable project costs, or as reimbursement of accrued allowable project costs.
(b) For each request for payment, the local government unit shall submit:
1. A Development Payment Request form that Green Acres provides with the fully executed project agreement under 7:36-14.1(f), with the following items completed:
i. The project name, name of local government unit, and county;
ii. An itemized statement of the costs incurred or to be incurred; and
iii. A certification by the local government unit's chief financial officer that the information entered on the payment request form is accurate and that the local government unit is maintaining an accurate record of accounts for the project, including cancelled checks and vouchers which must be submitted to Green Acres upon request.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 14 - LOCAL GOVERNMENT UNIT DEVELOPMENT PROJECTS: PROJECT AGREEMENT, BID PROCEDURES, SUPPLEMENTAL FUNDING, CONSTRUCTION REQUIREMENTS, SITE INSPECTIONS, DISBURSEMENT OF LOAN OR MATCHING GRANT, PROJECT CLOSEOUT, TERMS OF LOAN REPAYMENT, ACCOUNTING AND RECORDKEEPING › Section 7:36-14.6 - Project closeout

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The local government unit shall notify Green Acres when the development project is complete.
(b) Upon receipt of the notification under (a) above, Green Acres shall send to the local government unit a project closeout letter that directs the local government unit to submit to Green Acres a copy of each of the following:
1. A post-construction certification, on a form provided by Green Acres with the closeout letter, by a New Jersey licensed landscape architect, architect, or engineer certifying that the project has been completed substantially in accordance with the construction plans submitted under 7:36-13.3(d)  and describing any variation between the completed project and the construction plans;
2. A record drawing showing the project as built; and
3. Digital images and prints that clearly show the development project, as completed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 14 - LOCAL GOVERNMENT UNIT DEVELOPMENT PROJECTS: PROJECT AGREEMENT, BID PROCEDURES, SUPPLEMENTAL FUNDING, CONSTRUCTION REQUIREMENTS, SITE INSPECTIONS, DISBURSEMENT OF LOAN OR MATCHING GRANT, PROJECT CLOSEOUT, TERMS OF LOAN REPAYMENT, ACCOUNTING AND RECORDKEEPING › Section 7:36-14.7 - Terms of loan repayment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A local government unit shall repay the loan amount in semiannual installments over a period of not more than 20 years. The loan term shall begin on the date of the first disbursement of funds made under 7:36-14.5. The local government unit may prepay the loan in whole or in part at any time without penalty. An accelerated repayment schedule may be established under the project agreement executed under 7:36-14.1.
(b) The Department shall forward the final repayment schedule to the local government unit upon disbursement of the entire loan.
(c) Interest shall accrue on the outstanding loan principal at a rate of not more than two percent per year, beginning on the date of the first disbursement of funds made under 7:36-14.5. Interest accrued against each disbursement shall be paid to the Treasurer of the State, in a lump sum, three months after the date of the final disbursement.
(d) The first semi-annual repayment of principal shall be paid to the Treasurer of the State nine months after the final disbursement or two years after the date of the first disbursement, whichever is earlier.
(e) The local government unit shall allocate a portion of its budget to meet the annual debt service on the loan.
(f) The Department shall assess a late fee whenever the local government unit fails to make any repayment within 30 days of the scheduled payment due date, as follows:
1. When a payment is 30 to 59 days past due, five percent of the payment amount due;
2. When a payment is 60 to 89 days past due, 10 percent of the payment amount due; and
3. When a payment is 90 or more days past due, 15 percent of the payment amount due.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 14 - LOCAL GOVERNMENT UNIT DEVELOPMENT PROJECTS: PROJECT AGREEMENT, BID PROCEDURES, SUPPLEMENTAL FUNDING, CONSTRUCTION REQUIREMENTS, SITE INSPECTIONS, DISBURSEMENT OF LOAN OR MATCHING GRANT, PROJECT CLOSEOUT, TERMS OF LOAN REPAYMENT, ACCOUNTING AND RECORDKEEPING › Section 7:36-14.8 - Accounting and recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The local government unit shall maintain and make available to the Department for inspection upon request all financial documents and records related to the project that are required to be maintained in accordance with (e) below.
(b) The local government unit, its contractors, and subcontractors shall employ generally accepted accounting procedures that adequately identify the costs associated with the Green Acres loan or matching grant.
(c) The local government unit shall maintain separate records for each project including the amount, receipt, and disposition of all funding received for the project, including Green Acres loans and matching grants, and contributions, gifts, or donations from any other sources.
(d) The local government unit shall conduct annual audits and submit audit reports in conformance with the Single Audit Act of 1984, P.L. 98-502 and the Single Audit Act Amendments of 1996, P.L. 104-156 ( 31 U.S.C. §§
										7501 et seq.), Federal Office of Management and Budget (OMB) Circular A-133: "Audits of States, Local Governments, and Non-Profit Organizations," incorporated herein by reference, and State OMB Circular 04-04: "Single Audit Policy for Recipients of Federal Grants, State Grants and State Aid," incorporated herein by reference.
1. Audit reports shall address the local government unit's compliance and all specific instances of noncompliance with the material terms and conditions of the project agreement and applicable laws and regulations.
2. Audit reports shall contain an itemized schedule of all project-related financial assistance received by the local government unit identifying: grantor agency, program title, State account number, and total disbursement.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 15 - NONPROFIT ACQUISITION PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS › Section 7:36-15.2 - Eligible projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Lands for recreation and conservation purposes, as defined at 7:36-2.1, are eligible for acquisition with Green Acres funding. Acquisition projects may include the purchase of, for example:
1. Ocean, bay and/or river waterfront, or a lake, pond, beach or stream that provides opportunity for physical and visual public access, swimming, water sports, fishing and/or boating;
2. A natural area such as a wildlife preserve, forest and/or wetland that provides opportunity for conservation, nature observation, water quality and water supply protection, camping and/or hiking;
3. An historic property; or
4. Land suitable for playgrounds, athletic fields, and other types of active and passive outdoor recreation facilities or opportunities.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 15 - NONPROFIT ACQUISITION PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS › Section 7:36-15.3 - Ineligible projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following types of acquisition projects are not eligible for Green Acres funding:
1. Any site to be purchased in fee simple to which public access is not provided, unless the Commissioner determines that public accessibility would pose an unacceptable risk to the land or to any natural resources associated with the land;
2. Any permanent conservation restriction or historic preservation restriction not consistent with 7:36-15.7;
3. Any structure that will not be used in support of outdoor recreation and conservation purposes or demolished to create open space, in accordance with 7:36-15.4;
4. Any site that is, or is intended to be, used as a public road right-of-way;
5. Any site with uninsurable or unmarketable title; or
6. Any site that is already permanently preserved for recreation and conservation purposes, as determined by the Department.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 15 - NONPROFIT ACQUISITION PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS › Section 7:36-15.4 - Acquisition of structures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A nonprofit may use Green Acres funding to acquire an improved property and structure(s) that the nonprofit shall maintain and operate for recreation and conservation purposes to support the use of an outdoor recreation facility or conservation facility or area.
(b) Within six months of acquiring land as part of a Green Acres project, the nonprofit shall inspect the project site for the presence of any structures thereon that are or may be historic properties. Within 60 days after completion of the inspection, the nonprofit shall provide to Green Acres and the Department's Historic Preservation Office (at PO Box 404, Trenton, New Jersey 08625-0404):
1. A written notice of its findings, and
2. For any structure discovered on the project site that is or may be an historic property, a request for determination of potential eligibility for inclusion of the historic structure in the New Jersey Register of Historic Places. Whenever such a structure is discovered, a copy of the written notice provided to the Historic Preservation Office shall also be sent to Green Acres, the New Jersey Historic Trust, and to the county historical commission or advisory committee, the county historical society, the local historic preservation commission or advisory committee, and the local historical society if any of those entities exist in the county or municipality wherein the project site is located.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 15 - NONPROFIT ACQUISITION PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS › Section 7:36-15.5 - Acquisition of waterfront land

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For an acquisition potentially involving a riparian interest, a nonprofit shall contact the Department's Bureau of Tidelands Management to determine the State's interest or claim in the proposed project site before the nonprofit submits an application for Green Acres funding.
(b) An interest in State-owned tidelands may be acquired from the Tidelands Resource Council, established under 13:1B-10, with Green Acres funding or, where the State previously conveyed its ownership of certain tidelands, those tidelands may be acquired from private owners.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 15 - NONPROFIT ACQUISITION PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS › Section 7:36-15.6 - Acquisition of agricultural lands

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A nonprofit may apply for Green Acres funding to acquire farmland for recreation and conservation purposes when there is a willing seller.
(b) If farmland is located within an Agricultural Development Area established under the 1983 Agriculture Retention and Development Act, 4:1C-11 et seq., at the time of application for Green Acres funding, the nonprofit shall demonstrate that the owner of the farmland has not applied to sell the farmland or a development easement to the State or county in accordance with that Act, or that the owner has applied to sell the farmland or a development easement and the application was not approved.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 15 - NONPROFIT ACQUISITION PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS › Section 7:36-15.7 - Acquisition of conservation restrictions or historic preservation restrictions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A nonprofit may acquire a permanent conservation restriction with Green Acres funding, provided the restriction fulfills a public need or serves a compelling public purpose, as determined by Green Acres, by:
1. Providing for meaningful public access; or
2. Providing significant benefits to other contiguous parkland in the nonprofit's project site that provides public access.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 15 - NONPROFIT ACQUISITION PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS › Section 7:36-15.8 - Matching share; donations toward the cost of acquisition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The nonprofit may use as its matching share of the cost of acquisition, its own funds or any grant, contribution, donation, or reimbursement from State or Federal programs or from any other public or private source, except as described at (c) below.
(b) The nonprofit may use as its matching share of the cost of acquisition, the value of land donated to the nonprofit, in whole or in part, within the project site, except as provided in (c) below. For the purposes of this subsection, the value of a donation of land is the difference between the eligible land cost and the purchase price of a parcel of land.
1. The land donated to the nonprofit must be eligible for funding under 7:36-15.2 and its acquisition by the nonprofit must comply with all of the requirements of this chapter; and
2. The nonprofit must use the donated land value as its matching share of the cost of acquisition of another parcel within the project site within two years after either it acquires the donated land or the Garden State Preservation Trust approves the project, whichever is later.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 15 - NONPROFIT ACQUISITION PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS › Section 7:36-15.9 - Allowable project costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For an acquisition project, the following costs are allowable, provided the nonprofit incurs such costs in conformance with all applicable laws, as well as the Local Public Contracts Law, 40A:11-1 et seq.:
1. Costs that the nonprofit incurs to acquire title or permanent interest in the project site, up to the greater of either:
i. The eligible land cost; or
ii. The purchase price, up to the hypothetical land value;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 16 - NONPROFIT ACQUISITION PROJECTS: FUNDING AWARD CATEGORIES › Section 7:36-16.1 - Funding award categories

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Garden State Preservation Trust awards Green Acres funding to nonprofits for acquisition projects in the two award categories set forth in (b) and (c) below.
(b) A Standard acquisition project is the purchase of a project site that generally consists of one parcel or a unified group of parcels.
(c) A Planning Incentive acquisition project is the purchase of land that is identified for preservation in the Open Space and Recreation Plan(s) of one or more local government units or in another public or private local, regional, or statewide recreation and conservation plan or initiative approved by the Department.
(d) An acquisition project will compete in each funding round against other projects within the same funding award category, as described at 7:36-18.2.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 17 - NONPROFIT ACQUISITION PROJECTS: APPLICATION PROCESS › Section 7:36-17.1 - Timing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A nonprofit may submit an application for Green Acres funding at any time.
(b) At least two times each State fiscal year, the Department shall rank and evaluate all applications deemed complete in accordance with 7:36-18.2 and shall submit to the Garden State Preservation Trust a list of projects that the Department recommends to receive funding in accordance with 7:36-19.1(a).
(c) At least two times each State fiscal year, the Garden State Preservation Trust shall approve projects from the list described at (b) above and shall prepare and submit for introduction in the Legislature proposed legislation appropriating moneys to fund the approved projects.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 17 - NONPROFIT ACQUISITION PROJECTS: APPLICATION PROCESS › Section 7:36-17.2 - Preapplication procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department encourages nonprofits to attend a Green Acres sponsored informational workshop, when offered, and to request a preapplication conference with Green Acres as early as possible, prior to application submission, to discuss project eligibility, award criteria, and project administration requirements.
(b) At least 15 days prior to submitting an application to Green Acres, the nonprofit shall publish a display ad in the official newspaper of each municipality in which the proposed project site is located, stating that the nonprofit intends to submit an application for Green Acres funding and notifying the public that the application will be available for review at the Green Acres offices. The nonprofit shall also send the notice to the clerk(s) of the municipality(ies) in which the proposed project site is located.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 17 - NONPROFIT ACQUISITION PROJECTS: APPLICATION PROCESS › Section 7:36-17.3 - At-risk authorization to proceed with acquisition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the acquisition to remain eligible for Green Acres funding assistance, a nonprofit shall not enter into a purchase contract for any parcel within the proposed project site unless it has first received notification of the Green Acres funding award under 7:36-19.1 and notification of eligible land cost under 7:36-19.4, or an at risk authorization.
(b) Within 14 days of a nonprofit's request for an at-risk authorization, Green Acres shall authorize, in writing, the nonprofit to proceed with the acquisition of a proposed project site at its own risk.
(c) Within 14 days of receiving the at-risk authorization from Green Acres, the nonprofit shall comply with the notification requirements described at 7:36-17.2(b), if it has not already done so. If the nonprofit has not submitted an application for Green Acres funding, the notice required under 7:36-17.2(b)  shall indicate that the nonprofit may apply for Green Acres funding for the project.
(d) The Garden State Preservation Trust is not obligated to award funding for the acquisition of any project site for which Green Acres issues an at-risk authorization under (b) above and for which the nonprofit submits an application.
(e) A nonprofit is not obligated to submit an application under this subchapter or to acquire any project site for which it receives an at-risk authorization under (a) above.
(f) The acquisition of the proposed project site completed under an at-risk authorization must comply with the requirements of this chapter to remain eligible for Green Acres reimbursement.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 17 - NONPROFIT ACQUISITION PROJECTS: APPLICATION PROCESS › Section 7:36-17.4 - Application requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For a project in the Standard Acquisition funding award category, a nonprofit shall submit all of the following:
1. A completed application on a form obtained from Green Acres. The application shall identify the nonprofit, give the project type, indicate the municipality(ies) and county(ies) in which the proposed project site is located, provide a brief description of the project, specify the estimated cost of acquisition and the estimated funding request amount, identify the nonprofit's contact person for the project, and include the certification of the person authorized by the enabling resolution required under (a)2 below to submit the application.
i. The nonprofit shall base the funding request amount on the estimated land value or anticipated purchase price of the proposed project site and not solely on the tax assessed value of the proposed project site. The nonprofit shall include estimated costs of professional land surveying, appraisal, and preliminary assessment services; estimated cost to demolish structures, if applicable; and an estimate of any other allowable project costs in accordance with 7:36-15.9;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 18 - NONPROFIT ACQUISITION PROJECTS: AWARD CRITERIA, RANKING AND EVALUATION › Section 7:36-18.1 - Project award criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For a project in the Standard Acquisition funding award category, the Department shall assign priority points in accordance with (b) below to each acquisition project after it has received the complete application under N.J.A.C. 7:36-17.4. The assignment of priority points reflects the degree to which a proposed project is consistent with the most recent New Jersey Statewide Comprehensive Outdoor Recreation Plan (available from Green Acres); the State Plan, New Jersey Meadowlands Master Plan, Pinelands Comprehensive Management Plan, or Highlands Regional Master Plan, as applicable; and the findings and declarations and, as applicable, special considerations for funding awards set forth in the Green Acres laws, State open space and recreation priorities, and this chapter.
(b) The Department shall assign priority points according to the following protocol:
1. The Department may assign a maximum of 30 points based on the extent to which a project satisfies the need for open space for recreation in a particular county, as follows:
i. The extent to which there is a deficit in open space for recreation or conservation purposes within the jurisdiction of the local government unit, under the balanced land use guidelines for municipalities and counties, one to five points. For purposes of this section, the balanced land use guidelines recognize competing uses for developable land (for example, housing versus ballfields) and are expressed as goals. For a municipality, the balanced land use goal is that a minimum of three percent of the developed and developable area of the municipality should be held as open space for recreation. For a county, the balanced land use goal is that a minimum of seven percent of the developed and developable area of the county should be held as open space for recreation. The Statewide Comprehensive Outdoor Recreation Plan (available from Green Acres) contains a complete discussion of the balanced land use guidelines; and
ii. The population density and the extent to which there is a shortage of availability of other open space which satisfies similar recreational needs within the area from which the majority of users of the proposed project are expected to come, one to 25 points.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 18 - NONPROFIT ACQUISITION PROJECTS: AWARD CRITERIA, RANKING AND EVALUATION › Section 7:36-18.2 - Ranking and evaluation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of an application containing all the information required under 7:36-17.4, Green Acres shall determine if the project is eligible for funding in accordance with 7:36-15.2.
(b) For an eligible project in the Standard Acquisition funding award category, the Department shall:
1. Determine the total number of priority points assigned to the project under 7:36-18.1(b)  above; and
2. Rank the projects on a priority list according to the total number of priority points assigned each project, with the project assigned the greatest total number of priority points ranking first.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 19 - NONPROFIT ACQUISITION PROJECTS: APPROVAL, PRELIMINARY ASSESSMENT, AND APPRAISAL PROCEDURES; DETERMINATION AND NOTIFICATION OF ELIGIBLE LAND COST › Section 7:36-19.1 - Approval or denial of application; award of funding; procedural letter

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Based on available funding, the number of nonprofit acquisition applications received in its funding award category, and the ranking and evaluation methods described at 7:36-18.2, the Department shall make a recommendation for approval or denial of a nonprofit application for an acquisition project to the Garden State Preservation Trust.
(b) If the application is approved by the Garden State Preservation Trust, the Department shall notify the nonprofit in writing of the amount of the Green Acres funding award, which is subject to legislative appropriation.
(c) If the application is denied by the Garden State Preservation Trust, the Department shall notify the nonprofit in writing of the reason for the denial.
(d) After the notification of a funding award under (b) above, and after the funding award has received legislative appropriation, Green Acres shall send the nonprofit a procedural letter that contains instructions for preparing the items required for disbursement of funding under 7:36-20.4, including the deed, title insurance policy, and survey. The procedural letter shall additionally direct the nonprofit to:
1. Obtain and submit to Green Acres a preliminary assessment of the project site in accordance with 7:36-19.2; and
2. Obtain and submit to Green Acres the appraisals required under 7:36-19.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 19 - NONPROFIT ACQUISITION PROJECTS: APPROVAL, PRELIMINARY ASSESSMENT, AND APPRAISAL PROCEDURES; DETERMINATION AND NOTIFICATION OF ELIGIBLE LAND COST › Section 7:36-19.2 - Preliminary assessment report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The nonprofit must obtain a preliminary assessment report of the project site prepared in accordance with the Technical Requirements for Site Remediation, N.J.A.C. 7:26E. Upon receipt of the preliminary assessment report, Green Acres shall determine if the report contains the required information and shall notify the nonprofit as follows:
1. If the preliminary assessment report does not contain the required information, Green Acres shall send the nonprofit a deficiency letter identifying the additional information that must be submitted. The nonprofit shall submit the information by the date specified in the letter.
2. If the preliminary assessment report contains the required information and does not identify any areas of concern, as defined under the Technical Requirements for Site Remediation:
i. Green Acres shall send the nonprofit a letter acknowledging the sufficiency of the preliminary assessment report;
ii. The chief executive officer of the nonprofit shall certify, on a form provided by Green Acres with the sufficiency letter, that the nonprofit has reviewed the preliminary assessment report and has determined to proceed with the acquisition of the project site; and
iii. The nonprofit shall return the certification to Green Acres within 30 days of the date of the sufficiency letter. Green Acres shall not disburse any funding under 7:36-20.4 until it is in receipt of this certification.
3. If the preliminary assessment report contains the required information and identifies one or more areas of concern, as defined under the Technical Requirements for Site Remediation:
i. Green Acres shall send a letter notifying the nonprofit that the areas of concern must be addressed to the Department's satisfaction before Green Acres will disburse any funding for the project site;
ii. Once the areas of concern have been addressed to the Department's satisfaction, the nonprofit shall submit evidence of such to Green Acres;
iii. Once Green Acres has reviewed and approved the nonprofit's submission, Green Acres shall send the nonprofit a letter of sufficiency;
iv. The chief executive officer of the nonprofit shall certify, on a form provided by Green Acres with the sufficiency letter, that the nonprofit has reviewed the preliminary assessment report and the manner in which the areas of concern have been addressed, and has determined to proceed with the acquisition of the project site; and
v. The nonprofit shall return the certification to Green Acres within 30 days of the date of the letter of sufficiency. Green Acres shall not disburse any funding under 7:36-20.4 until it is in receipt of this certification.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 19 - NONPROFIT ACQUISITION PROJECTS: APPROVAL, PRELIMINARY ASSESSMENT, AND APPRAISAL PROCEDURES; DETERMINATION AND NOTIFICATION OF ELIGIBLE LAND COST › Section 7:36-19.3 - Appraisal procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For a parcel with an estimated land value of less than $ 250,000, a nonprofit shall obtain at least one professionally and independently prepared appraisal. For a parcel with an estimated land value of $ 250,000 or more, the nonprofit shall obtain two professionally and independently prepared appraisals.
(b) The nonprofit shall obtain each appraisal required under (a) above in accordance with the following procedures:
1. The nonprofit shall prepare and submit to Green Acres a project reference map described at 7:36-17.4(a)4  for each parcel to be appraised under this section. The nonprofit also shall provide the project reference map to the appraiser(s) hired under (b)3 below;
2. Prior to hiring the appraiser(s), the nonprofit shall discuss with Green Acres staff the procedures and criteria for the selection and hiring of the appraiser(s) and the scope of work;
3. The nonprofit shall hire State-Certified General appraisers who Green Acres has approved based on a review of such appraisers' sample work product. The sample work product must be a Self Contained Appraisal Report as established in the Uniform Standards of Professional Appraisal Practice (USPAP) (Standards Rule 2-2), available from the Appraisal Foundation at 1029 Vermont Avenue, N.W., Suite 900, Washington, D.C. 20005-3517 or on the web at
commerce.appraisalfoundation.org/html/USPAP2005/toc.htm
. Green Acres shall approve an appraiser based on the thoroughness of the sample appraisal report, the quality of the information used to reach a conclusion, and the soundness of the conclusion reached;
4. Prior to starting the appraisal(s), the nonprofit shall request a joint meeting with Green Acres staff and the appraiser(s) to discuss the scope of work and to visit the project site;
5. All appraisals shall be Self-Contained Appraisal Reports as established in the Uniform Standards of Professional Appraisal Practice (Standards Rule 2-2) available from the Appraisal Foundation at 1029 Vermont Avenue, N.W., Suite 900, Washington, D.C. 20005-3517 or on the web at
commerce.appraisalfoundation.org/html/USPAP2005/toc.htm
; and
6. The nonprofit shall submit to Green Acres one copy of each completed appraisal.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 19 - NONPROFIT ACQUISITION PROJECTS: APPROVAL, PRELIMINARY ASSESSMENT, AND APPRAISAL PROCEDURES; DETERMINATION AND NOTIFICATION OF ELIGIBLE LAND COST › Section 7:36-19.4 - Determination and notification of eligible land cost

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Green Acres shall determine the sufficiency of any appraisal submitted under 7:36-19.3 and shall notify the nonprofit in writing of any deficiencies that prevent the use of the appraisal submitted to determine the eligible land cost or the hypothetical land value.
(b) Green Acres shall determine the eligible land cost for each parcel within a project site as follows:
1. If only one appraisal has been obtained under 7:36-19.3 on a parcel, the eligible land cost shall be the parcel's certified market value, as determined pursuant to (c) below;
2. If two appraisals have been obtained under 7:36-19.3 on a parcel, and the difference between the two appraisal values is greater than 10 percent of the higher appraisal value, the eligible land cost shall be the parcel's certified market value, as determined pursuant to (c) below; and
3. Except as provided under (b)2i and ii below, if two appraisals have been obtained under 7:36-19.3 on a parcel, and the difference between the two appraisal values is 10 percent of the higher appraisal value or less, the eligible land cost shall be the average of the appraisal values:
i. If either of the two appraisal values exceeds $3 million, the eligible land cost shall be the certified market value, as determined pursuant to (c) below; and
ii. The nonprofit may request that Green Acres provide a certified market value rather than an average of the appraisal values, in which case the eligible land cost shall be that certified market value, as determined pursuant to (c) below.
4. Green Acres shall periodically audit its appraisal review process by providing a certified market value determined pursuant to (c) below for projects that qualify for an average of the appraisal values. In such instances, the certified market value shall be the eligible land cost for the parcel of land.
5. In addition to the eligible land cost, Green Acres also shall issue a hypothetical land value for the parcel of land, based on information provided with the appraisal(s) prepared in accordance with N.J.A.C. 7:36-19.3. This requirement shall be in effect until June 30, 2009, pursuant to the Garden State Preservation Trust Act (13:8C-26 ).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 20 - NONPROFIT ACQUISITION PROJECTS: PROJECT AGREEMENT, NEGOTIATIONS FOR PURCHASE OF PROJECT SITE, SUPPLEMENTAL FUNDING, DISBURSEMENTS, ACCOUNTING AND RECORDKEEPING REQUIREMENTS › Section 7:36-20.2 - Negotiations for purchase of project site

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For any parcel that is to be acquired in whole or in part with Green Acres funding, the nonprofit may enter into a purchase contract with the property owner only after the nonprofit has received the notification of the Green Acres funding award under 7:36-19.1 and the notification of the eligible land cost under 7:36-19.4, or an at risk authorization under N.J.A.C. 7:36 17.3.
(b) Any person who performed an appraisal under 7:36-19.3 of any parcel in the project site shall not conduct negotiations for the acquisition of such parcel.
(c) The nonprofit shall conduct all negotiations in conformance with the Garden State Preservation Trust Act, particularly 13:8C-26.
(d) The nonprofit shall share both the eligible land cost and the hypothetical land value with the property owner and shall base its negotiation on the higher of the two values. This requirement shall be in effect until June 30, 2009, pursuant to the Garden State Preservation Trust Act (13:8C-26 ).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 20 - NONPROFIT ACQUISITION PROJECTS: PROJECT AGREEMENT, NEGOTIATIONS FOR PURCHASE OF PROJECT SITE, SUPPLEMENTAL FUNDING, DISBURSEMENTS, ACCOUNTING AND RECORDKEEPING REQUIREMENTS › Section 7:36-20.3 - Supplemental funding

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A nonprofit may request, in writing, supplemental funding for a project after it has received the notification of the eligible land cost under 7:36-19.4 and if the cost of acquisition exceeds the matching grant amount awarded under 7:36-19.1 plus the nonprofit's matching share of the cost of acquisition.
(b) Provided sufficient funds are available, Green Acres shall recommend an increase in the amount of funding for a project in response to a request submitted under (a) above to 50 percent of the cost of acquisition.
(c) Any supplemental funding provided under this section is subject to legislative appropriation.
(d) The Department and the nonprofit shall execute an amendment to the project agreement in accordance with 7:36-20.1 to reflect any supplemental funding provided under this section.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 20 - NONPROFIT ACQUISITION PROJECTS: PROJECT AGREEMENT, NEGOTIATIONS FOR PURCHASE OF PROJECT SITE, SUPPLEMENTAL FUNDING, DISBURSEMENTS, ACCOUNTING AND RECORDKEEPING REQUIREMENTS › Section 7:36-20.5 - Accounting and recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The nonprofit shall maintain and make available to the Department for inspection upon request all financial documents and records related to the project that are required to be maintained in accordance with (e) below.
(b) The nonprofit, its contractors, and subcontractors shall employ generally accepted accounting procedures that adequately identify the costs associated with the Green Acres matching grant.
(c) The nonprofit shall maintain separate records for each project including the amount, receipt, and disposition of all funding received for the project, including Green Acres grants, contributions, gifts, or donations from any other sources.
(d) The nonprofit shall conduct annual audits and submit audit reports in conformance with the Single Audit Act of 1984, P.L. 98-502 and the Single Audit Act Amendments of 1996, P.L. 104-156 ( 31 U.S.C. §§
										7501 et seq.), Federal Office of Management and Budget (OMB) Circular A-133: "Audits of State, Local Governments, and Non-Profit Organizations," incorporated herein by reference, and State OMB Circular 98-07: "Single Audit Policy for Recipients of Federal Grants, State Grants, and State Aid," incorporated herein by reference.
1. Audit reports shall address the nonprofit's compliance and all specific instances of noncompliance with the material terms and conditions of the project agreement and applicable laws and regulations.
2. Audit reports shall contain an itemized schedule of all project-related financial assistance received by the nonprofit identifying: grantor agency, program title, State account number, and total disbursement.