New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34 - PRECONSTRUCTION ACTIVITIES › Subchapter 1 - GENERAL PROVISIONS › Section 19:34-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following words and terms, when used
				  in this chapter, shall have the following meanings unless the context clearly
				  indicates otherwise:
"Abbott district" means a school district as defined in
					 section
					 3 of
					 P.L.
					 1996, c. 138
					 (18A:7F-3 ).
					 P.L.
					 2007, c. 260 deleted
					 the term "Abbott district" from the Act, and replaced it with "SDA
					 district."
"Act" means the Educational Facilities Construction and
					 Financing Act,
					 P.L.
					 2000, c. 72
					 (18A:7G-1 et seq.), as amended,
					 and P.L.
					 2007, c. 137.
"Approved preconstruction activity" means a preconstruction
					 activity submitted to the Department for approval and approved by the
					 Department, pursuant to
					 6A:26-3.9.
"Architectural pre-design and programming" means the
					 preliminary drawing of the school facility on a site or proposed site, showing
					 how the facility, including the programmatic model for the facility, will fit
					 on the site with all ancillary and accessory uses (parking, recreation, etc.),
					 which may be submitted to the local planning board, pursuant to
					 40:55D-1 et seq.
"Authority" or "Development Authority" or "SDA" means the
					 New Jersey Schools Development Authority, an entity which undertakes and funds
					 school facilities projects under the Act and which is the entity formed
					 pursuant to P.L. 2007, c.
					 137, as successor to the New Jersey Schools
					 Construction Corporation.
"Authority" or "SDA" means the New Jersey Schools
					 Development Authority, established pursuant to
					 section
					 3 of
					 P.L.
					 2007, c. 137
					 (
52:18A-235
et seq.), the
					 successor entity to the New Jersey Schools Construction Corporation. The
					 Authority is statutorily charged with undertaking and funding school facilities
					 projects, pursuant to the Act.
"Boundary survey" means the research of deeds, easement,
					 utility records, title reports, fieldwork, including precision survey
					 measurements, and preparation of maps and plans which accurately measure the
					 boundaries of a parcel of land proposed for a school facilities project, in
					 accordance with the "Minimum Standard Detail Requirements for American Land
					 Title Association/American Congress on Surveying and Mapping (ALTA/ACSM) Land
					 Title Surveys," (2011), available at
www.alta.org/forms/download.cfm?formID=338&type=word
,
					 which requirements are incorporated herein by reference, as amended and
					 supplemented.
"Capital maintenance project" means a school facilities
					 project intended to extend the useful life of a school facility, including
					 up-grades and replacements of building systems, such as structure, enclosure,
					 mechanical, plumbing and electrical systems.
"Commissioner" means the Commissioner of Education.
"Consultant" means a consultant, including a design
					 consultant and a site consultant, engaged by the Authority for an approved
					 preconstruction activity providing professional services associated with
					 research, development, design, engineering and construction administration,
					 alteration, or renovation of real property, as well as incidental services that
					 members of these professions and those in their employ may logically or
					 justifiably perform. A consultant may provide services including studies,
					 investigations, surveys, evaluations, consultations, planning, programming,
					 conceptual designs, plans and specifications, cost estimates, construction
					 management, inspections, shop drawing reviews, preparation of operating and
					 maintenance manuals, and other related services. There may be one or more
					 consultants engaged by the Authority for an approved preconstruction
					 activity.
"Corporation" or "SCC" means the New Jersey Schools
					 Construction Corporation, the predecessor to the Authority, abolished by
					 P.L.
					 2007, c. 137, which was
					 the entity formed by the New Jersey Economic Development Authority pursuant to
					 34:1B-159 to carry out the New
					 Jersey Economic Development Authority's responsibilities under the Act, except
					 the power to incur indebtedness.
"DCA" means the New Jersey Department of Community
					 Affairs.
"Demolition services" means the removal of asbestos and
					 hazardous building materials, such as lighting fixtures and thermostats
					 containing mercury, air conditioning units containing chlorofluorocarbons
					 (CFCs) and light ballasts containing PCBs, followed by the razing of existing
					 structures and removal of building foundations not beneficial to the
					 construction of the proposed school facilities project, disposal of demolition
					 debris and the backfill of the demolition area with fill suitable for
					 unrestricted residential use and the removal of underground storage tanks and
					 associated remediation of soil impacted by a discharge from the tank.
"Department" means the New Jersey Department of
					 Education.
"Design consultant" means an architect or engineer or other
					 consultant that undertakes design work and/or construction administration
					 services in connection with a school facilities project pursuant to a design
					 consultant contract.
"Design work" or "preconstruction design work" means design
					 work performed by a design consultant in preparation of a school facilities
					 project, pursuant to
					 18A:7G-5, and may include design
					 work in connection with land acquisition, site investigation, demolition
					 services and preparation of the drawings required for submission of a school
					 facilities project application or for temporary facilities educational adequacy
					 approval.
"District" or "school district" means a local or regional
					 school district established pursuant to chapter 8 or chapter 13 of Title 18A of
					 the New Jersey Statutes, a county special services school district established
					 pursuant to article 8 of chapter 46 of Title 18A of the New Jersey Statutes, a
					 county vocational school district established pursuant to article 3 of chapter
					 54 of Title 18A of the New Jersey Statutes, and a school district under full
					 State intervention pursuant to P.L. 1987, c. 399 (18A:7A-34 et seq.).
"Environmental preliminary assessment" means the
					 information gathering required by N.J.A.C. 7:26E-3, entailing historical record
					 search and review and non-invasive analysis of a site to identify all
					 potentially contaminated areas of concern at the site and to determine an
					 appropriate environmental site investigation scope of work to characterize the
					 soil and groundwater conditions.
"Environmental screening report" means the report required
					 to be submitted to the NJDEP for assessing the likelihood of obtaining the
					 various environmental, historical and cultural, land use approvals and permits
					 relevant to a proposed school site.
"Environmental site investigation" means an invasive
					 analysis of the site, involving soil and/or groundwater sampling as well as
					 laboratory analysis, to determine if any contaminants are present at the site
					 above the applicable unrestricted use remediation criteria or if any
					 remediation or any further remediation is required, and shall comply with the
					 requirements for site investigation set forth in N.J.A.C. 7:26E-3.
"E.O. 215" means the 1989 Executive Order requiring State
					 agencies to assess the environmental impacts of new construction projects that
					 exceed certain cost thresholds and that are either initiated by the State or
					 funded by the State.
"Estimated school facilities project costs" means an
					 estimate prepared by the Corporation of the cost of a school facilities project
					 done prior to submission of a school facilities project application for
					 purposes of determining the delegation threshold pursuant to section 13(a) of
					 the Act, prior to August 6, 2007, when
					 P.L.
					 2007, c. 137 eliminated
					 the threshold.
"Feasibility study" means a study undertaken with respect
					 to a school facilities project proposed in a district's approved LRFP to
					 determine if it is achievable in view of possible factors identified that may
					 influence the project's design or construction, including, but not limited to,
					 applicable Federal, State and local laws, physical site conditions, market
					 conditions, costs and benefits. A feasibility study may include, but is not
					 limited to, boundary and topographical surveys, geotechnical and preliminary
					 architectural design studies, evaluation of land use requirements to meet
					 educational adequacy needs, evaluation of community relocation and displacement
					 requirements of the project, adequacy of utilities such as water supply,
					 sewerage, power and gas, evaluation and quantification of environmental quality
					 issues, development of appropriate specifications for environmental exposure
					 pathway controls and site remediation, evaluation of traffic impacts related to
					 the school, compatibility of neighboring land uses, impacts to the local
					 community and the evaluation and definition of preservation needs for
					 historical buildings and culturally significant resources. It shall also entail
					 the obtaining of data, documentation, statements, reports, permits and other
					 material needed to satisfy any required approvals for the acquisition or use of
					 land. A feasibility study may also consist of a pre-construction evaluation to
					 determine whether, because of health and safety, efficiency, or cost, it would
					 be more feasible to replace rather than renovate a school facility.
"Final eligible costs" means for a school facilities
					 project to be constructed by the Authority, the final eligible costs of the
					 school facilities project as determined by the Commissioner, in consultation
					 with the Authority, pursuant to section 5 of the Act.
"Geotechnical investigation" means the investigation of
					 subsurface soil and geologic conditions, such as groundwater conditions and
					 depth to bedrock, to determine the impact of such conditions on construction
					 costs, and adequacy of foundation support for the proposed building, and the
					 suitability of the site for the proposed building.
"Land-related design work" means the preliminary design
					 work required for the acquisition of vacant or improved land, the acquisition
					 of land with existing school or other facilities, or the use of district-owned
					 land for the construction of a school facilities project, such as architectural
					 pre-design and programming, or existing building evaluations.
"Local share" means the total costs of the school
					 facilities project less the State share as determined pursuant to section 5 of
					 the Act.
"Long-range facilities plan" or "LRFP" means the plan
					 required to be submitted to the Commissioner by a school district pursuant to
					 18A:7G-4 and N.J.A.C. 6A:26-2,
					 and an "approved LRFP" is an LRFP approved by the Commissioner pursuant to
					 18A:7G-4 and N.J.A.C.
					 6A:26-2.
"New Jersey Department of Environmental Protection" or
					 "NJDEP" means the department established within the Executive Branch of State
					 government charged with the following responsibilities, among others, for the
					 public good:
1. To formulate comprehensive policies for the conservation
					 of the natural resources of the State;
2. To promote environmental protection;
3. To apply its regulatory authority in a manner that is
					 consistent with the intent and findings of all applicable statutes; and
4. To prevent adverse impacts to natural, cultural,
					 historical and scenic resources of the State.
"NJDEP" means the New Jersey Department of Environmental
					 Protection.
"NJEDA" means the New Jersey Economic Development Authority
					 established pursuant to P.L. 1974, c. 80 (34:1B-1 et seq.).
"Other district required to use the Corporation" means a
					 district other than an SDA school district required to use the Corporation for
					 the construction of school facilities projects, as follows: a district whose
					 district aid percentage is equal to or greater than 55 percent or a district
					 directed by the Commissioner to enter level II monitoring pursuant to the
					 provisions of section 14 of P.L. 1975, c. 212 (18A:7A-14 ). As of August 6,
					 2007, such districts are no longer required to use the Authority to undertake
					 their school facilities projects.
"Preconstruction activities" means the activities that must
					 be undertaken prior to submitting a school facilities project application to
					 the Department for approval and calculation of preliminary eligible costs. Such
					 activities may include site identification, investigation, and acquisition,
					 demolition services, feasibility studies, design work, land-related design work
					 and acquisition of temporary facilities, as set forth in this chapter and in
					 N.J.S.A. 18A:7G-5d(2) and N.J.A.C. 6A:26-3.9.
"Preliminary project report" means the report that the
					 Department prepares for the Authority after approving a school facilities
					 project application containing the preliminary eligible costs and other project
					 information, pursuant to
6A:26-3.5(b)
.
"PSCL" means the Public School Contracts Law,
					 18A:18A-1 et seq., together with
					 all applicable rules and guidance issued by DCA and the Department in
					 connection with
					 18A:18A-1 et seq.
"Remediation" means all necessary actions to clean up or
					 respond to any known, suspected, or threatened discharge of contaminants at the
					 site that may be required to protect public health, safety, and the
					 environment. Remediation may include the removal, treatment, containment,
					 transportation, securing, or other engineering measures at the site designed to
					 ensure that any contamination at the site is remediated in compliance with the
					 applicable remediation health risks or environmental standards.
"School facilities project" means the planning,
					 acquisition, demolition, construction, improvement, alteration, modernization,
					 renovation, reconstruction, or capital maintenance of all or any part of a
					 school facility or of any other personal property necessary for, or ancillary
					 to, any school facility, and shall include fixtures, furnishings, and
					 equipment, and shall include, but is not limited to, site acquisition, site
					 development, the services of design professionals, such as engineers and
					 architects, construction management, legal services, financing costs and
					 administrative costs and expenses incurred in connection with the
					 project.
"School facilities project application" means an
					 application submitted by a district for approval of a school facilities project
					 pursuant to
					 6A:26-3.2.
"SDA school district" or "SDA district" means a school
					 district that received education opportunity aid or preschool expansion aid in
					 the 2007-2008 school year, as defined at
					 P.L.
					 2007, c. 260,
					 §39.
"Section 13(a) delegation agreement" means the grant
					 agreement between the Authority and an SDA school district by which the
					 Authority funds the State share in connection with a proposed capital
					 maintenance project delegated by the Authority to be undertaken by an SDA
					 school district, pursuant to section 13(a) of the Act and
N.J.A.C.
					 19:34A
.
"Section 13(a) delegation limit" means the eligible cost
					 limit, established by section 13(a) of
					 P.L.
					 2000, c. 72, for a
					 school facilities project to be eligible for delegation by the Corporation to
					 the district, which applied to section 13(a) grant agreements executed prior to
					 August 6, 2007, and which delegation cost limit was abolished by
					 P.L.
					 2007, c. 137.
"Site consultant" means a consultant engaged to undertake
					 site feasibility and/or site investigatory work, plans and specifications for
					 demolition and/or oversight of remediation, but shall exclude design work, in
					 connection with a land acquisition for a school facilities project.
"State Comptroller" means the Office of State Comptroller,
					 created pursuant to
					 P.L.
					 2007, c. 52, in, but
					 not of, the State Department of the Treasury, which is responsible for
					 financial auditing; performance and management reviews; and reviewing the
					 contract procurement process of the Executive Branch of State government,
					 independent State authorities, public institutions of higher education, units
					 of local government and boards of education.
"State share" means the State's proportionate share of the
					 final eligible costs of a school facilities project. For the SDA school
					 districts, this equals 100 percent of the final eligible costs of a school
					 facilities project.
"Topographic survey" means the detailed mapping or
					 description of the relief features or a surface configuration of a parcel of
					 land, pursuant to the "Minimum Standard Detail Requirements for ALTA/ACSM Land
					 Title Surveys" (see definition of "boundary survey" above).
"Traffic study" means a study of the existing traffic
					 conditions in the immediate vicinity of the proposed school site and
					 determination of the surrounding area(s) of impact from the proposed school
					 facilities project. The background analysis may include, but is not limited to,
					 traffic counts, intersection movement studies and other site specific traffic
					 engineering tasks. The determination of the impact may include, but is not
					 limited to, trip generation analysis, air quality analysis at intersections,
					 and the study of parking requirements. The traffic study shall be performed by
					 or under the supervision of a licensed engineer with expertise in traffic
					 analysis.
"Utility investigation" means the research and field
					 investigations performed by the consultant to determine whether or not the
					 existing utility infrastructure is adequate to support the proposed school
					 facilities project. The determination of whether or not public water, sanitary
					 sewer, electric or other utilities are reasonably available in sufficient
					 capacity to service the proposed school facilities project is critical to
					 evaluating whether the site is viable for that purpose.
"Wetland investigation" means the evaluation of wetland
					 area to determine the net developable area of a specific proposed school site.
					 A wetland area is a land form, containing soil, groundwater and vegetation,
					 which provides a critical habitat for sustaining wildlife species, and is
					 therefore, a constraint on land use. The wetland area must be identified,
					 delineated and mapped prior to the design of a school facilities project and
					 associated site improvements. This investigation is typically performed by
					 consultants trained in wetlands biology and certified by the New Jersey
					 Department of Environmental Protection and the U.S. Army Corps of
					 Engineers.
(b) Words and
				  terms implementing the Act but not defined in this section shall have the
				  meanings defined in
				  6A:26-1.2.