reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 54 - LICENSING OF AERONAUTICAL FACILITIES › Subchapter 14 - INFORMAL HEARINGS AND CONTESTED CASES › Section 16:54-14.2 - Contested cases and uncontested cases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall refer each contested
				case to the Office of Administrative Law for a hearing pursuant to the
				requirements of the Administrative Procedure Act,
				N.J.S.A.
				52:14B-1et seq., and 52:14F-1 et seq. The
				contested case shall be handled according to the Uniform Administrative
				Procedure Rules, N.J.A.C. 1:1.
(b)
				Within 45 calendar days of the close of the hearing, the administrative law
				judge (ALJ) shall submit a written initial decision and recommendations to the
				agency head and shall serve the parties of record with an indication of the
				date of receipt by the agency head.
(c) Within 13 calendar days from the date the
				ALJ's initial decision was mailed to the parties, any party may submit written
				exceptions to the agency head. No further evidence or submissions will be
				allowed. A copy of the exceptions must also be served on the other
				parties.
(d) Within five calendar
				days of receipt of exceptions, any party may submit a reply to the agency head
				and must also serve the other parties. Replies may include submissions in
				support of the initial decision.
(e) Within 45 calendar days of receipt of the
				initial decision, the Commissioner shall issue a written decision which adopts,
				modifies, or rejects the initial decision. The decision shall be considered a
				final agency action.
(f) The
				Department may also seek, in its sole discretion, to refer any uncontested
				matters to the Office of Administrative Law for a hearing, pursuant to N.J.A.C.
				1:1-21.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 54 - LICENSING OF AERONAUTICAL FACILITIES › Appendix A

Current through Register Vol. 56, No. 14, July 15, 2024
PUBLIC NOTICE
Notice of Proposed Aeronautical Facility Licensing
ALL INTERESTED PERSONS are hereby advised that the Bureau of
				Aeronautics, of the New Jersey Department of Transportation, has received an
				application from _____ (insert applicant name) for a license to establish a
				_____ (insert type of facility) at _______ (insert location).
Accordingly, the Bureau of Aeronautics invites written comments
				or objections regarding this proposed license. All comments or objections must
				address the issue of the effect of the proposed license upon the public health
				and safety.
Upon receipt of written comments or objections, and a
				determination by the Bureau of Aeronautics that the proposed licensing is a
				"contested case," as defined by
				N.J.S.A.
				52:14B-1et seq., this matter may be scheduled
				for a public hearing.
The above-named application and all related documents are
				available for public inspection by appointment between the hours of 9:00 A.M.
				and 4:00 P.M. at the Bureau of Aeronautics, New Jersey Department of
				Transportation, 1035 Parkway Avenue, PO Box 600, Trenton, New Jersey. Telephone
				(609) 963-2100.
Any interested persons may submit questions or comments, in
				writing, no later than 30 days from today.
All submissions regarding this matter should be directed
				to:
Bureau of Aeronautics
New Jersey Department of Transportation
1035 Parkway Avenue
PO Box 600
Trenton, NJ 08625-0600
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 55 - LICENSING OF AERONAUTICAL ACTIVITIES › Subchapter 1 - GENERAL PROVISIONS › Section 16:55-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
Purpose. This chapter lists aeronautical activities required
				  to be licensed in the State of New Jersey; outlines the procedures for
				  obtaining license(s); specifies the requirements that licensees must observe;
				  specifies the liability for failure to observe the requirements; and describes
				  the procedure for requesting exemption.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 55 - LICENSING OF AERONAUTICAL ACTIVITIES › Subchapter 1 - GENERAL PROVISIONS › Section 16:55-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
No person offering or rendering aeronautical services, or
				  acting as a fixed base operator as defined in Title 6 of the New Jersey
				  Statutes, whether or not they are required to be licensed under this chapter,
				  is exempted from the requirement to comply with the legitimate rules,
				  regulations, contractual requirements, or other terms of use or access
				  applicable to any licensed aeronautical facility.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 55 - LICENSING OF AERONAUTICAL ACTIVITIES › Subchapter 1 - GENERAL PROVISIONS › Section 16:55-1.3 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The licensing provisions of this chapter
				apply to the following aeronautical activities:
1. Aerial advertising;
2. Aerial application;
3. Sport parachute center.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 55 - LICENSING OF AERONAUTICAL ACTIVITIES › Subchapter 2 - DEFINITIONS › Section 16:55-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
"Aeronautical activity" means any of the following services
				  in which any person engages in giving, offering to give, advertising,
				  representing or holding himself out as giving to the public with or without
				  compensation or other reward (unless otherwise indicated):
1. "Aerial advertising": Airborne display of any type of
				  advertising (banner, electric lights, smoke);
2. "Aerial application": Application by aircraft of liquid or
				  solid sprays for the purpose of insect, plant, animal or fungus control,
				  fertilization or seeding;
3. "Sport parachute center": An operation organized by an
				  individual, club or business entity to foster, control, supervise and regulate
				  sport parachuting of person(s) sponsored or trained by said individual, club or
				  business entity.
"Bureau" means the Bureau of Aeronautics in the New Jersey
				  Department of Transportation.
"Commissioner" means the Commissioner of the New Jersey
				  Department of Transportation or such person as the Commissioner may designate,
				  when legally permissible.
"Director" means the Director of the Division of Multimodal
				  Services.
"Division" means the Division of Aeronautics in the New
				  Jersey Department of Transportation.
"Drop zone" means an area of defined dimensions, on the
				  earth's surface, designated for the landing of sport parachutists.
"FAA" means the Federal Aviation Administration.
"Sport parachuting" means the act of descending from an
				  aircraft to the earth's surface by means of a parachute, or similar device,
				  except when such descent is made under emergency conditions for the purpose of
				  saving life.
"Sport parachutist" means anyone engaging in or about to
				  engage in sport parachuting.
"USPA" means United State Parachute Association. Information,
				  manuals, and circulars can be found at
www.uspa.org
.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 55 - LICENSING OF AERONAUTICAL ACTIVITIES › Subchapter 3 - LICENSING › Section 16:55-3.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				persons engaged in one or more aeronautical activities listed in this chapter
				shall:
1. Submit an application for an
				Aeronautical Activity License, Form DA-1042 or a Special Landing Strip License,
				Form DA-24, to the Bureau of Aeronautics. Applications can be obtained by phone
				at (609) 963-2100, by mail at New Jersey Department of Transportation, Bureau
				of Aeronautics, PO Box 600, Trenton, NJ 08625-0600, or on the Department's
				website at
www.state.nj.us/transportation/freight/aviation/
;
2. Maintain a principal business office, in
				New Jersey, with a mailing address in the name to be shown on the license at
				which adequate and suitable facilities and equipment are available to properly
				maintain required files and effectively operate the business;
3. Be prepared to provide relevant data and
				information as requested by the Bureau of Aeronautics at a public hearing or
				special hearing in regard to their license and operation of the aeronautical
				activity; and
4. Display license(s)
				at a conspicuous place at the principal business office readily accessible to
				aeronautical inspectors and the aviation public. If the principal business
				office is not located at the facility from which the aeronautical activity is
				being carried out, the licensee shall retain a copy of the license in his or
				her possession while carrying out the aeronautical activity and make it
				available for inspection to State inspectors, law enforcement personnel, and
				the aviation public, upon request.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 55 - LICENSING OF AERONAUTICAL ACTIVITIES › Subchapter 4 - WAIVERS › Section 16:55-4.1 - Petitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who
				believes himself or herself to be adversely affected by any licensing rule of
				this chapter, and who believes that exceptional circumstances warrant a waiver
				of that rule, may petition the Department.
(b) The petition, which must be verified,
				must be filed with the Manager of Aeronautics. The manager will forward the
				petition for waiver along with his or her recommendations to the Commissioner
				within 15 working days of receipt of petition. The time for submission may be
				further extended, for good cause, by the Commissioner.
(c) The Commissioner may grant or deny any
				petition. The petitioner will be notified, in writing, of the
				decision.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 55 - LICENSING OF AERONAUTICAL ACTIVITIES › Subchapter 5 - VIOLATIONS › Section 16:55-5.1 - Violations, generally

Current through Register Vol. 56, No. 14, July 15, 2024
Any license issued pursuant to the provisions set forth in
				  this chapter may be modified, suspended, or revoked in the interest of public
				  safety, or as a result of established violations of any of the provisions of
				  Title 6 of the New Jersey Statutes Annotated or any of the provisions of this
				  chapter, and may further subject the violator to the penalty provisions of
				  Title 6 of the New Jersey Statutes Annotated.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 55 - LICENSING OF AERONAUTICAL ACTIVITIES › Subchapter 5 - VIOLATIONS › Section 16:55-5.2 - Misrepresentation or false statement

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Any person who makes a misrepresentation or false statement in any application,
				interview, or submission of information to the Bureau of Aeronautics, shall be
				considered to be in violation of the provisions of this chapter and Title 6 of
				the New Jersey Statutes Annotated.
(b) Any application that is found to contain
				misrepresentations or false statements shall be rejected, and any license
				issued as a result of that application shall be suspended, unless it is
				determined that public health, safety, or welfare requires that the
				aeronautical facility license should not be suspended pending submission of a
				corrected application. If corrections to these applications are not made within
				30 days, the license may be suspended or revoked.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 55 - LICENSING OF AERONAUTICAL ACTIVITIES › Subchapter 5 - VIOLATIONS › Section 16:55-5.3 - Suspensions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the interest
				of public safety or the safety of those participating in aeronautical
				activities, the Director of Multimodal Services is authorized to suspend any
				license issued pursuant to this chapter for a period not to exceed 90
				days.
(b) Any aeronautical
				inspector or other personnel identified in
N.J.A.C.
				16:60-1.3
as law enforcement
				officers may immediately suspend an aeronautical activities license when they
				deem it necessary to ensure the safety of the general public or those
				participating in the activities.
(c) The Bureau of Aeronautics shall notify
				the licensee of the suspension in writing.
(d) Aeronautical activities licenses that
				have been suspended shall correct the cause of the suspension within the
				suspension period. Licensees that have not made corrections during the
				suspension period shall be presented to the Director of Multimodal Services,
				who may extend the suspension or may begin action to revoke the
				license.
(e) The Director of
				Multimodal Services may hold a conference concerning any license suspension
				action, either when requested by the licensee or by the Department.
(f) Licensees may appeal suspensions,
				pursuant to
16:55-6.1
.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 55 - LICENSING OF AERONAUTICAL ACTIVITIES › Subchapter 5 - VIOLATIONS › Section 16:55-5.4 - Revocations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director of
				Multimodal Services is authorized to revoke any aeronautical activities license
				when it is determined that it is in the best interest of public safety or the
				safety of those participating in aeronautical activities.
(b) Licensees shall be notified by the Bureau
				of Aeronautics, in writing, of the Department's pending revocation.
(c) Individuals who have had their licenses
				revoked shall complete a new application package in order to be considered for
				reinstatement.
(d) Licensees may
				appeal a revocation pursuant to
16:55-6.1
.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 55 - LICENSING OF AERONAUTICAL ACTIVITIES › Subchapter 6 - INFORMAL HEARINGS AND CONTESTED CASES › Section 16:55-6.1 - Informal hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Licensees or applicants may request an informal hearing with the Director
				regarding any of the following actions: a denial of a petition for exemption, a
				license suspension, a license revocation, or a denial of an application for a
				license.
(b) Requests for an
				informal hearing shall be made in writing to the Director within 20 calendar
				days of receipt of the notice related to any matters described in (a) above.
				Requests shall be addressed to:
Director, Division of Multimodal Services
New Jersey Department of Transportation
1035 Parkway Avenue
PO Box 600
Trenton, NJ 08625-0600
(c) If the Director determines that an
				informal hearing is appropriate, it shall be scheduled within 30 calendar days
				of receipt of the request.
(d) If
				the Director determines that an informal hearing is not appropriate, the
				applicant or licensee shall be informed in writing of the denial of the request
				for a hearing.
(e) Informal
				hearings will be heard by the Director. The Director shall hear and review all
				evidence presented. Any records or documents produced or referred to by the
				licensee or applicant in an informal hearing shall be provided by the licensee
				or applicant to the Director at no cost.
(f) The Director shall, within 30 calendar
				days of the close of the informal hearing, provide the licensee or applicant
				with a written decision to rescind, modify, or retain the original
				action.
(g) The Director may, in
				instances where public exigency exists or where there is potential for
				substantial savings to the Department, change the time frames or any other
				requirements provided for in this section. In these instances, the Department
				shall document, for the record, the rationale for the change and give adequate
				notice to the licensee or applicant.
(h) If the licensee or applicant intends to
				challenge the decision in (f) above, an intent to appeal letter must be sent to
				the Director within 60 calendar days of the close of the hearing. The
				proceeding shall then be handled as a contested case. The intent to appeal
				letter shall be addressed to:
Director, Division of Multimodal Services
New Jersey Department of Transportation
1035 Parkway Avenue
PO Box 600
Trenton, NJ 08625-0600
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 55 - LICENSING OF AERONAUTICAL ACTIVITIES › Subchapter 6 - INFORMAL HEARINGS AND CONTESTED CASES › Section 16:55-6.2 - Contested cases and uncontested cases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall refer each contested
				case to the Office of Administrative Law for a hearing pursuant to the
				requirements of the Administrative Procedure Act,
				N.J.S.A.
				52:14B-1et seq., and 52:14F-1 et seq. The
				contested case shall be handled according to Uniform Administrative Procedure
				Rules, N.J.A.C. 1:1.
(b) Within 45
				calendar days of the close of the hearing, the administrative law judge (ALJ)
				shall submit a written initial decision to the Commissioner and shall serve the
				parties of record with an indication of the date of receipt by the
				Commissioner.
(c) Within 13
				calendar days from the date the ALJ's initial decision was mailed to the
				parties, any party may submit written exceptions to the Commissioner. No
				further evidence or submissions will be allowed. A copy of the exceptions must
				also be served on the other parties.
(d) Within five calendar days of receipt of
				exceptions, any party may submit a reply to the Commissioner and must also
				serve the other parties. Replies may include submissions in support of the
				initial decision.
(e) Within 45
				calendar days of receipt of the initial decision, the Commissioner shall issue
				a written decision which adopts, modifies, or rejects the initial decision. The
				decision shall be considered a final agency action.
(f) The Department may also seek, in its sole
				discretion, to refer any uncontested matters to the Office of Administrative
				Law for a hearing, pursuant to N.J.A.C. 1:1-21.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 56 - AIRPORT GRANT AND LOAN PROGRAM › Subchapter 1 - PURPOSE AND SCOPE › Section 16:56-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter governs grants and loans to eligible applicants
				  for projects that promote aviation safety, education, and aeronautics, and
				  preserve and rehabilitate the State general aviation airport system.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 56 - AIRPORT GRANT AND LOAN PROGRAM › Subchapter 1 - PURPOSE AND SCOPE › Section 16:56-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
Subject to appropriations and to the extent allowable,
				  grants and loans may be available to State general aviation airports and
				  facilities, enterprises located at the airports, counties, municipalities,
				  other political subdivisions of the State, persons, or entities that are
				  eligible for aid pursuant to
				  6:1-89 et seq., and 27:1B-1 et
				  seq.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 56 - AIRPORT GRANT AND LOAN PROGRAM › Subchapter 2 - DEFINITIONS › Section 16:56-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise:
"Airport" means any facility, or area of land, water, or
				  both, either publicly or privately owned, which is licensed for the landing or
				  takeoff of aircraft, and open to the public for aeronautical operations, that
				  does not have a restrictive covenant on operational use by the general public
				  for reasons other than safety, and is not an international airport.
"Airport Safety Fund" means a fund established pursuant to
				  the Airport Safety Act of 1983,
				  6:1-89 et seq., and
				  amended by the Airport Safety, Security and Improvement Act,
				  P.L.
				  2010, c. 38.
"Aviation enterprise" means any business or enterprise that
				  is principally located within a New Jersey unrestricted public use general
				  aviation airport where the Commissioner has determined such business or
				  enterprise has a direct economic or operational benefit to the airport.
"Commissioner" means the Commissioner of the New Jersey
				  Department of Transportation or such person(s) as the Commissioner may
				  designate, when legally permissible.
"Critical Path Method" means a scheduling method used in
				  project management that shows when activities must be carried out so that the
				  project can be completed in the shortest time and at the lowest cost.
"Department" means the New Jersey Department of
				  Transportation.
"International airport" means an airport whose official name
				  contains the words "international airport," is served by scheduled or charter
				  international airline service, and U.S. Customs Service and Border Patrol
				  service is available for arriving flights.
"Office" means the Office of Grants Management within the
				  Division of Multimodal Services at the New Jersey Department of
				  Transportation.
"PS&E" means a package of complete contract documents for
				  a project consisting of final plans, specifications, and estimates that are
				  each signed by a professional engineer licensed in the State of New
				  Jersey.
"SAGE" means the State of New Jersey's System for
				  Administering Grants Electronically.
"Total project cost" means the sum of, including, but not
				  limited to, the costs associated with design, utilities, right-of-way
				  acquisition, construction, construction engineering, construction inspection,
				  materials testing, and maintenance and protection of traffic.
"Useful life" means the expected life of the improvement as
				  identified by the grant or loan agreement for the project commencing with final
				  acceptance of the improvement by the Department. The useful life determines the
				  residual value of the grant or loan agreement in the event of the closure of
				  the airport.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 56 - AIRPORT GRANT AND LOAN PROGRAM › Subchapter 3 - GRANTS AND LOANS › Section 16:56-3.1 - Airport improvement grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An airport or
				other entity may apply for an improvement grant for airport improvement
				projects, consistent with the purposes and scope of this chapter.
(b) The distribution and funding of
				improvement grants will be prioritized and rated according to the general
				project categories of this subsection, in the following order:
1. Safety improvement and State- or Federally
				mandated security project;
2.
				Rehabilitation of existing systems to allow the continuance of a state of good
				repair;
3. Expansion;
4. Security project not State- or Federally
				mandated; and
5. Other projects
				which, at the discretion of the Office, should be considered.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 56 - AIRPORT GRANT AND LOAN PROGRAM › Subchapter 3 - GRANTS AND LOANS › Section 16:56-3.2 - Eligible projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Projects
				eligible for improvement grants under this chapter may include, but are not
				limited to, the following:
1. Runway, taxiway
				and aircraft parking apron construction, reconstruction, overlay,
				rehabilitation, preventive maintenance, lighting and marking;
2. Rehabilitation, improvement, lighting, and
				marking of turf and natural surface runways, taxiways, and aircraft parking
				aprons;
3. Airport beacons,
				approach lighting, and electronic and visual navigation aids;
4. Airport security equipment and security
				projects;
5. Permanently installed
				above ground aircraft fueling equipment;
6. Airport and runway obstruction removal,
				mitigation, and marking;
7. Airport
				equipment dedicated to aircraft crash, fire, and rescue purposes; and
8. Funding in response to an emergent project
				as determined by the Commissioner for a condition at or near an airport that
				substantially endangers the health, safety, or welfare of persons or property
				and must be addressed expeditiously.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 56 - AIRPORT GRANT AND LOAN PROGRAM › Subchapter 3 - GRANTS AND LOANS › Section 16:56-3.3 - Matching grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An airport may
				apply for a grant to match funding for airport improvement projects financed by
				Federal sources of funding for airport improvement projects consistent with the
				purposes of this chapter.
(b)
				Matching grants shall be up to half of the airport's total project cost for the
				required local match.
(c) In an
				emergency, a matching grant may be up to 100 percent of the airport's required
				local match.
(d) The Department may
				enter into individual matching grant agreements for individual projects. The
				Department may also enter into multi-year matching grant agreements of up to
				seven years for multiple eligible projects requiring matching funds, when
				receiving Federal assistance during the term of the agreement.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 56 - AIRPORT GRANT AND LOAN PROGRAM › Subchapter 3 - GRANTS AND LOANS › Section 16:56-3.4 - Airport acquisition grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Publicly owned
				airports, counties, municipalities, and political subdivisions of the State may
				apply for an airport acquisition grant for the acquisition of airports or
				lands, rights in land and easements, including aviation easements necessary for
				clear zones or clear areas.
(b) The
				airport to be acquired or for which the proposed acquisition will be made shall
				be owned, controlled, or operated, or to be owned, controlled, or operated by a
				municipality, county, or other political subdivision of the State.
(c) The acquired property or interest in
				property shall not be sold or used for any non-aviation purpose without the
				prior written approval of the Commissioner, and may be subject to contractual
				limitations or conditions established within the acquisition grant
				agreement.
(d) A grant for an
				airport acquisition shall not exceed 95 percent of the total acquisition cost,
				and the recipient's share shall not be less than five percent of the total
				acquisition cost.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 56 - AIRPORT GRANT AND LOAN PROGRAM › Subchapter 3 - GRANTS AND LOANS › Section 16:56-3.5 - Aviation studies grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An airport,
				agency of the State, county, municipality, or any political subdivision of the
				State, may apply for a grant to conduct a study associated with a safety
				project, including, but not limited to, feasibility, system plan, master plan,
				airport layout plan, facility siting, engineering, environmental, or aviation
				economic study.
(b) A grant for an
				aviation study shall not exceed 95 percent of the total study cost, and the
				recipient's share shall not be less than five percent of the total study
				cost.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 56 - AIRPORT GRANT AND LOAN PROGRAM › Subchapter 3 - GRANTS AND LOANS › Section 16:56-3.6 - Aviation education, safety, and aeronautics promotion grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Grants may
				be available for a program or activity that promotes aviation safety, aviation
				education, or aeronautics. An applicant must demonstrate the ability and
				capacity to effectively conduct the proposed program.
(b) Programs eligible for grants under this
				section include, but are not limited to, the following:
1. Public and private school
				programs;
2. Non-profit aviation
				education flight safety programs; and
3. Public information and promotional
				programs which further the public understanding of and appreciation for
				aviation and aviation benefits.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 56 - AIRPORT GRANT AND LOAN PROGRAM › Subchapter 3 - GRANTS AND LOANS › Section 16:56-3.7 - Aviation loans

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An airport or
				an aviation enterprise may apply for a loan to be used for such specific
				purposes and on such terms and conditions as determined by the Commissioner,
				consistent with the purposes of
				6:1-1 et seq.
(b) Loan proceeds may be used for revenue or
				nonrevenue generating capital construction, capital development, or equipment
				acquisition purposes.
(c) Loans
				shall not fund an expansion, the preparation for an expansion or completion of
				an expansion of the physical capabilities of the airport, including, but not
				limited to, expansion of the runways, to support a greater number of flights or
				larger aircraft than that which the airport was able to handle safely at the
				time of the loan application.
(d)
				Loans may fund the restoration of the physical capabilities of an airport to a
				state of full repair and maintenance.
(e) Limitations on loans are as follows:
1. A recipient cannot receive more than one
				aviation loan in a State fiscal year;
2. A loan shall have a four percent annual
				interest rate, and not exceed $ 200,000. The maximum loan period is 10
				years;
3. A loan shall be repaid in
				a time proportional to the useful life of the project improvement, as
				determined by the Commissioner; and
4. A loan must be fully secured by property
				equity or other assets satisfactory to the Commissioner.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 56 - AIRPORT GRANT AND LOAN PROGRAM › Subchapter 4 - APPLICATION AND SELECTION › Section 16:56-4.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office will solicit applications for
				grants and loans under this chapter. The availability of funds will be
				announced in a public notice published in the New Jersey Register, by
				notification to airports and other entities, and on the Department's website at
http://www.nj.gov/transportation/freight/aviation
.
(b) An applicant shall apply through the SAGE
				Program found at
http://www.state.nj.us/transportation/freight/multimodal
.
				The application shall include, but is not limited to, the following:
1. Applicant information, including:
i. Name, address, telephone number(s), email
				address(es), and website(s) (if available);
ii. Vendor ID number and address;
				and
iii. A legal deed or instrument
				verifying ownership, including a narrative legal description of the metes and
				bounds of the airport property certified as accurate by a New Jersey registered
				land surveyor or professional engineer;
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 56 - AIRPORT GRANT AND LOAN PROGRAM › Subchapter 4 - APPLICATION AND SELECTION › Section 16:56-4.2 - Application evaluation criteria and standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Office of Grants Management will evaluate applications for grants and loans
				under this chapter, and give weight and consideration to, the following
				criteria:
1. General project
				category;
2. The scope and cost of
				the improvement required;
3.
				Availability of local funds for airport development;
4. Anticipated Federal funds;
5. The relative value of that improvement to
				the other needs of the particular airport;
6. The present and anticipated public service
				levels in regard to operations, based aircraft, passenger service, freight
				service, and Statewide distribution of services;
7. The project's contribution to local and
				State economic development;
8. The
				impact on the area surrounding the airport;
9. The extent to which the improvement will
				contribute to the welfare of the citizens of the State and the local
				area;
10. The airport's relative
				value to the State general aviation airport system as a whole;
11. The improvement's contribution to the
				preservation and rehabilitation of the State general aviation airport
				system;
12. The project's impact on
				the airport's compliance with standards;
13. The readiness of the project to begin
				construction when the grant or loan is awarded, which includes the timing of
				anticipated receipt of permits and local government resolutions in support or
				opposition of the project;
14. The
				project's inclusion in the airport's master plan/airport layout plan;
15. The applicant's experience in effectively
				managing prior State and Federal funds;
16. The extent to which the project will
				retain or increase air service at the airport;
17. The applicant's successful implementation
				of a value engineering proposal on past grant project, if applicable;
18. The extent to which the project improves
				the economic viability of the airport, including providing basic facilities
				necessary to accommodate and attract activity; and
19. Whether the applicant is financially or
				otherwise able to carry out the assurances and obligations contained in the
				project application and grant agreement.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 56 - AIRPORT GRANT AND LOAN PROGRAM › Subchapter 4 - APPLICATION AND SELECTION › Section 16:56-4.3 - Selection process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each application will be reviewed for
				completeness. If additional information is necessary to make a determination of
				eligibility, the applicant will be notified in writing or through SAGE. The
				application will not be considered complete until the applicant submits the
				additional information.
(b) After
				the application is deemed complete, the Office will consider the proposed
				project based upon the criteria and standards found in this chapter.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 56 - AIRPORT GRANT AND LOAN PROGRAM › Subchapter 4 - APPLICATION AND SELECTION › Section 16:56-4.4 - Offer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department will send a notification
				of award and a written offer for a grant or loan to the applicant within 30
				days after all reviews and approvals have been received.
(b) An applicant who receives a grant or loan
				has 14 days from the date of receipt to accept the offer. If a meeting of a
				governing council or regulatory agency is required prior to the acceptance of
				an offer, the applicant has seven calendar days after the meeting to accept an
				offer. Acceptance may be made by mail or fax to the following:
New Jersey Department of Transportation
Office of Grants Management
Division of Multimodal Services
PO Box 600
Trenton, New Jersey 08625-0600
Fax: (609) 530-5270
(c) Failure to respond within the designated
				timeframes will be considered a rejection of the offer.
(d) Acceptance of an offer is nonbinding on
				both the Department and the applicant until an agreement between the Department
				and the applicant is executed by the Department. The Department may withdraw an
				offer of financial assistance at any time prior to the signing of the
				agreement.
(e) Upon the receipt of
				an acceptance of an offer, the Office may require the submission of additional
				information including, but not limited to:
1.
				An Application for New Aeronautical Facility License or Alteration, as required
				under N.J.A.C. 16:54; and
2. A
				completed copy of Notice of Landing Area Proposal or Notice of Proposed
				Construction or Alteration (FAA Forms 7480-1 or 7460-1 as it may be amended or
				superseded).
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 56 - AIRPORT GRANT AND LOAN PROGRAM › Subchapter 5 - AGREEMENTS › Section 16:56-5.1 - Agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the review and approval of a written
				acceptance, the Office will prepare an agreement and transmit the agreement to
				the grant or loan recipient. The agreement may contain such terms and
				conditions as deemed necessary to protect the public interest.
(b) The recipient shall sign the agreement
				document, have it witnessed, and then return it to the Office within 45 days
				for full execution, along with any or all of the following, as required by the
				Office:
1. A detailed package containing the
				Plans, Specifications and Estimate (PS&E) prepared, signed, and sealed by a
				professional engineer licensed in the State of New Jersey;
2. A detailed Critical Path Method project
				delivery schedule;
3. A Quality
				Assurance Certification signed by a professional engineer licensed in the State
				of New Jersey, stating that the project was designed an accordance with all
				applicable Federal, State, local, and industry design standards and criteria
				and that the certified estimate is within 10 percent of the original estimate
				used for the selection of the project; and
4. Any additional items required by the
				Office that are necessary for the execution of the agreement.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 56 - AIRPORT GRANT AND LOAN PROGRAM › Subchapter 5 - AGREEMENTS › Section 16:56-5.2 - Certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A recipient of
				a grant or loan shall certify that:
1. The
				airport will be owned or effectively controlled, operated, repaired and
				maintained adequately during an improvement's useful life, for the benefit of
				the public;
2. In connection with
				the operation of the airport, during an improvement's useful life, the public
				will not be deprived of its rightful, fair, equal and uniform use of the
				airport; and
3. The airport will
				adhere to State and Federal laws and regulations.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 56 - AIRPORT GRANT AND LOAN PROGRAM › Subchapter 5 - AGREEMENTS › Section 16:56-5.3 - Specification standards, methods, techniques, and designs

Current through Register Vol. 56, No. 14, July 15, 2024
The Department encourages the use of value engineering
				  methods to control project costs including, but not limited to, the use of
				  non-standard specifications and the use of low cost materials or techniques.
				  The successful implementation of a value engineering proposal may be taken into
				  consideration when future grant applications submitted by the applicant are
				  evaluated.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 56 - AIRPORT GRANT AND LOAN PROGRAM › Subchapter 6 - INSPECTIONS AND PAYMENTS › Section 16:56-6.1 - Inspections of records and sites

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may inspect, without notice, the sites, proposed sites, records, construction,
				or materials related to a project or program.
(b) An inspection may include, but is not
				limited to, the reproduction and examination of records; the taking of samples
				applicable to site evaluation or project or program quantity control; the
				validation of metes and bounds; the recipient's use of a site or project or
				program; or the assessment of any factor relevant to a project or program,
				application, or contracts and terms related to the project or
				program.
(c) Any denial of access
				to records, failure to produce records, or obstruction with an inspection by a
				recipient may result in the withdrawal of financial assistance,
				disqualification from current or future consideration for State aid, or the
				declaration of a recipient to be in default of the terms of an agreement and
				may result in further legal actions by the State as applicable under the laws
				of New Jersey.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 56 - AIRPORT GRANT AND LOAN PROGRAM › Subchapter 6 - INSPECTIONS AND PAYMENTS › Section 16:56-6.2 - Grant payment procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Disbursements
				are made on a reimbursement basis. Recipients are required to first directly
				pay for the improvements requested and then seek reimbursement of the allowable
				costs via the submission of a State Payment Voucher or Vouchers.
(b) Requests for payment shall include, but
				not be limited to, copies of vendor invoices, bills for equipment rentals, and
				certified payrolls. Invoices shall be certified as accurate and proper by the
				recipient, as required by the Department.
(c) Prior to any disbursement of funds, the
				State may conduct site inspections, tests, or review and audit records or
				accounts to determine that the recipient meets the requisite conditions for the
				disbursement of funds.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 56 - AIRPORT GRANT AND LOAN PROGRAM › Subchapter 6 - INSPECTIONS AND PAYMENTS › Section 16:56-6.3 - Project close-out

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				requirements for the close-out of a grant agreement include, but are not
				limited to:
1. The successful completion of a
				final inspection;
2. The successful
				resolution of any issues between the Department and the recipient;
3. The submission of a final payment voucher
				to the Department;
4. The
				submission of a document containing:
i. A
				release clause signed by the recipient releasing any and all claims against the
				New Jersey Department of Transportation and the State of New Jersey, their
				officers, and employees, arising out of any and all obligations assumed and
				work performed under the State grant agreement, including claims for extra or
				additional work;
ii. Certification
				that the recipient has paid their share of the cost of the project;
				and
iii. Certification that the
				recipient has fully paid any and all contractors, subcontractors, vendors,
				and/or recipient's employees performing work on the project; and
5. Submission, as requested by the
				Department, of any of the following:
i.
				Certification of a professional engineer licensed in the State of New Jersey
				that the project has been completed in accordance with the scope of work
				provided by the recipient;
ii.
				Certification of a professional engineer licensed in the State of New Jersey
				that the project has been completed in accordance with the plans,
				specifications, and estimate provided by the recipient; or
iii. Certification issued by the grant
				recipient that the project has been completed in accordance with applicable
				industry standards.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 56 - AIRPORT GRANT AND LOAN PROGRAM › Subchapter 7 - AUDIT, RECORDKEEPING, AND RECORD RETENTION › Section 16:56-7.1 - Audit requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A recipient of
				a grant or loan under this chapter shall comply with the State of New Jersey
				single audit policy for recipients of Federal grants, State grants, and State
				aid defined by the Department of the Treasury, Office of Management and Budget
				and the Single Audit Act of 1984 (Federal OMB Circular A-133), incorporated
				herein by reference, as amended and supplemented. Copies of these circulars can
				be obtained from the New Jersey Department of the Treasury, Office of
				Management and Budget at
http://www.state.nj.us/infobank/circular/circindex.htm
and
http://www.whitehouse.gov/OMB
or by
				mail from:
New Jersey Department of Treasury
Office of Management & Budget
PO Box 221
Trenton, NJ 08625-0221
(b) The Department shall direct that an audit
				of the recipient be performed by an independent auditor or public accountant
				who meets the independence standards specified in generally accepted government
				auditing standards in conformity with State audit policy.
(c) Audit costs incurred by recipients to
				comply with this subchapter are not reimbursable.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 56 - AIRPORT GRANT AND LOAN PROGRAM › Subchapter 7 - AUDIT, RECORDKEEPING, AND RECORD RETENTION › Section 16:56-7.2 - Recordkeeping requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A recipient
				shall keep records as the Department may prescribe, including records that
				disclose the amount and the disposition of the grant or loan, the total cost of
				the project or program, and the amount and nature of that portion of the cost
				of the project or program paid from sources other than the grant or loan, and
				records as will facilitate an effective audit.
(b) The Department, or any authorized
				representatives, shall have access to any books, documents, papers, and records
				that are pertinent to the project or program, for the purpose of audit and
				examination.
(c) A recipient shall
				establish and maintain an accounting record for each individual project or
				program that identifies the project or program costs.
(d) A recipient shall maintain effective
				control over and accountability for all project or program funds, property, and
				other assets allocated for project or program use. Recipients shall adequately
				safeguard all project or program assets and shall assure that they are used
				solely for authorized purposes.
(e)
				The recipient shall include in each contract with a project or program
				subcontractor or provider of services to the project or program, a clause that
				allows the Department access to the subcontractor's or provider's records for
				purposes of accounting and audit.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 56 - AIRPORT GRANT AND LOAN PROGRAM › Subchapter 7 - AUDIT, RECORDKEEPING, AND RECORD RETENTION › Section 16:56-7.3 - Retention of records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As stated in
				the agreement, a recipient shall obtain and retain all project-related records
				for a period of the useful life of the project plus one year, after the
				submittal of the recipient's final invoice. Such records include, but are not
				limited to, documentary evidence such as invoices, cost estimates, appraisal
				reports, and negotiation documents relating to each item of project or program
				cost, vendor's invoices, applicable purchase orders, receiving reports,
				inventory records, method of pricing, returns, production cost reports, weight
				tickets, physical inventories, production cost accounts, final inspection
				report showing acceptance of the airport development performed under the
				project or program, and a record of disposition or correction of all
				unsatisfactory work, if any.
(b) If
				audit findings have not been resolved, records shall be retained until the
				findings have been resolved.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 56 - AIRPORT GRANT AND LOAN PROGRAM › Subchapter 8 - LIABILITY AND PENALTIES › Section 16:56-8.1 - Liability

Current through Register Vol. 56, No. 14, July 15, 2024
Any failure by a recipient to meet the conditions or
				  performance criteria or obligations under an agreement may result in the
				  withdrawal of the grant or loan, disqualification from current or future
				  consideration for financial assistance, or the declaration that a recipient is
				  in default of the terms of an agreement.