New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 31Z - BROWNFIELDS REDEVELOPMENT INCENTIVE PROGRAM › Subchapter 1 - BROWNFIELDS REDEVELOPMENT INCENTIVE PROGRAM › Section 19:31Z-1.4 - Program application requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In each State fiscal year for which there
				  are tax credits available for the Program, the Authority shall establish the
				  date for the availability of the application and the date by when applications
				  must be submitted. The Authority shall provide prior public notice of these
				  dates through its website.
(b) Each
				  application to the Authority, made by a developer, shall include the following
				  information:
1. The name of the developer and
				  the names of any affiliates;
2. The
				  name of the redevelopment project, as used in all applicable documents, and the
				  address of the brownfield site, including multiple addresses, if
				  applicable;
3. The contact
				  information of the person identified as the primary contact for the
				  developer;
4. The address of the
				  developer and prospective future address of the developer, if
				  different;
5. Organizational
				  structure of the developer, including all affiliates;
6. The developer's New Jersey tax
				  identification number;
7. The
				  developer's Federal tax identification number;
8. The name and organizational structure of
				  the owner of the site of the redevelopment project;
9. The name and contact information of the
				  Licensed Site Remediation Professional for the redevelopment project;
10. If applicable, the name and contact
				  information of the appropriately licensed or certified professional(s) for the
				  redevelopment project, the basis for qualification of the licensed or certified
				  professional(s) for the relevant remediation activities, and a copy of the
				  corresponding license(s) or certification(s);
11. The total projected number of
				  construction employees and permanent employees at the redevelopment
				  project;
12. The location and
				  description of the brownfield site, including, but not limited to: a narrative
				  description of the brownfield site, a map or aerial photograph clearly
				  indicating the boundaries and location of the brownfield site, and the lot and
				  block number, or other description of the property, as required by the
				  Authority;
13. An appraisal of
				  as-is value of the brownfield site, if remediated;
14. A narrative explaining the level of
				  experience and qualifications of the developer and project team, which shall
				  demonstrate sufficient expertise to complete the redevelopment project,
				  including, but not limited to, examples of successful completion of projects of
				  similar size and scope;
15. A
				  narrative description of the redevelopment project, including, but not limited
				  to: the approach to the redevelopment project, proposed remediation methods for
				  addressing known contamination and hazards, and contingency plans for
				  addressing additional contamination or hazards that may be discovered during
				  implementation of the redevelopment project;
16. An estimate and breakdown of the
				  remediation costs, and the total cost of remediation;
17. Remediation plans, including drawings.
				  All plans shall be prepared by a Licensed Site Remediation Professional or, in
				  the case of remediation that is not subject to the Site Remediation Reform Act,
				  sections 1 through 29 at
				  P.L.
				  2009, c. 60
				  (N.J.S.A.
				  58:10C-1 et seq.), by an appropriately
				  licensed or certified professional;
18. An anticipated redevelopment project
				  schedule showing project milestones;
19. The financial information of the
				  redevelopment project, including, but not limited to: any Federal, State, or
				  local financial assistance for the redevelopment project; proposed terms of
				  financing; purchase contract agreement for the brownfield site; and projected
				  reasonable and appropriate return on investment;
20. A list of all of the New Jersey
				  Department of Labor and Workforce Development, Department of Environmental
				  Protection, and Department of the Treasury permits and approvals or obligations
				  and responsibilities with which the developer is associated or in which the
				  developer has an interest. The list shall identify the entity that applied for,
				  or received, such permits and approvals, or has such obligations and
				  responsibilities, by identifying program interest numbers, licensing numbers,
				  or the equivalent. The developer shall also submit a written certification by
				  the chief executive officer, or equivalent officer for North American
				  operations, of the developer stating that the developer applying for the
				  Program satisfies the criteria at N.J.A.C. 19:31Z-1.6(d) to be in substantial
				  good standing with the Department of Labor and Workforce Development, the
				  Department of Environmental Protection, and the Department of the
				  Treasury;
21. A certification by
				  the chief executive officer, or equivalent officer for North American
				  operations, of the developer that the officer has reviewed the application
				  information submitted and that the representations contained therein are true,
				  correct, and accurate under the penalty of perjury;
22. A completed legal questionnaire
				  disclosing all relevant legal matters in accordance with the Authority's
				  debarment and disqualification rules at N.J.A.C. 19:30-2;
23. Submission of a tax clearance
				  certificate, pursuant to
				  P.L.
				  2007, c. 101
				  (N.J.S.A.
				  54:50-39);
24. A list of all the development subsidies,
				  as defined at
				  P.L.
				  2007, c. 200
				  (N.J.S.A.
				  52:39-1), that the developer is requesting or
				  receiving; the name of the granting body; the value of each development
				  subsidy; and the aggregate value of all development subsidies requested or
				  received;
25. The status of control
				  of the brownfield site and any agreements that provide a right of access to the
				  developer or an affiliate to perform and complete the redevelopment project. If
				  the developer has not secured access to the site at the time of application, an
				  agreement with the current owner of the site evidencing an intent or obligation
				  to provide the necessary right of access to complete the redevelopment project,
				  including, but not limited to, a letter of intent;
26. A description of the zoning applicable to
				  the brownfield site and a list and status of all required Federal, State, and
				  local government permits and local planning and zoning board approvals that
				  have been issued for the redevelopment project or will be required to be issued
				  pending resolution of financing;
27. A description of how the minimum
				  environmental and sustainability standards are to be incorporated into the
				  proposed redevelopment project, including use of renewable energy,
				  energy-efficient technology, and non-renewable resources in order to reduce
				  environmental degradation and encourage long-term cost reduction;
28. As applicable, the most recent draft or
				  final Site Investigation Report, and/or the most recent Asbestos Containing
				  Materials Survey, Universal Waste Survey, Lead Based Paint Survey,
				  Pre-Demolition Survey, or other similar report, study, or document describing
				  the documentation required by the Authority or the Department;
29. To be scored on the factor at N.J.A.C.
				  19:31Z-1.6(b)3, for the entity or entities in the developer's ownership
				  structure that will have direct or indirect control over the actions by the
				  developer to undertake the redevelopment project, information on the diversity
				  of the owners and board of directors (or partners or members if no board of
				  directors exist), which shall include certification as to the membership in a
				  diverse group for all applicable owners and directors (or partners or members,
				  as appropriate); the percentage of ownership held by each diverse owner; and an
				  explanation on how the current board of directors (or partners or members, as
				  appropriate) and owners are diverse and representative of the community in
				  which the redevelopment project is located based on governmental data,
				  including, but not limited to, the most recently available census data;
				  and
30. Any other necessary and
				  relevant information as determined by the Authority or the Department for a
				  specific application, including, but not limited to, information needed to:
				  complete project financial review, to assess developer capacity, and to
				  demonstrate that the developer or an affiliate is not responsible for the
				  contamination at the site of the redevelopment project.