reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 33 - REQUESTS FOR ACCESS TO GOVERNMENT RECORDS › Subchapter 1 - GENERAL PROVISIONS › Section 19:33-1.12 - Administrative closure

Current through Register Vol. 56, No. 14, July 15, 2024
When a requestor has failed to provide payment in full for
					 requested records, has failed to pick up or otherwise schedule delivery of
					 requested records, or has failed to schedule or keep an appointment with the
					 records custodian to inspect the requested records within 45 days of the
					 issuance of an OPRA response by the records custodian to the requestor, the
					 custodian shall administratively close the request upon providing written
					 notice to the requestor. The requestor remains liable for all costs and fees
					 associated with the request when such request has been administratively closed
					 by the custodian.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 33 - REQUESTS FOR ACCESS TO GOVERNMENT RECORDS › Subchapter 2 - CONFIDENTIALITY OF RECORDS › Section 19:33-2.1 - Scope and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The rules in this subchapter shall apply to the New Jersey
					 Schools Development Authority.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 33 - REQUESTS FOR ACCESS TO GOVERNMENT RECORDS › Subchapter 3 - DEMONSTRATION PROJECT GRANTS › Section 19:33-3.1 - Funding in the form of a grant

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Authority shall provide funding for the State's share of the final eligible
				  costs of a school facilities project to be constructed as part of a
				  demonstration project pursuant to a grant agreement between the Authority, the
				  redevelopment entity and the school district which shall in addition to other
				  terms and conditions, set forth the terms for the disbursement of the State
				  share and provide for the monitoring of construction by the
				  Authority.
(b) Upon designation of
				  the project as a demonstration project and determination by the Division of
				  final eligible costs for the demonstration project, the school district as
				  conditions of grant eligibility shall:
1.
				  Obtain approval of the local share, if any, of the school facilities project
				  designated as the demonstration project in accordance with
				  6A:26-3.7; and
2. Evidence the availability of school bonds
				  or other funds to the Authority for expenditure as local share.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 33 - REQUESTS FOR ACCESS TO GOVERNMENT RECORDS › Subchapter 3 - DEMONSTRATION PROJECT GRANTS › Section 19:33-3.2 - No assignment of grant agreement or grant by the school district

Current through Register Vol. 56, No. 14, July 15, 2024
Neither the school district nor the redevelopment entity
					 shall assign the grant agreement or its right to receive disbursements of the
					 grant, except that the redevelopment entity may assign the grant agreement to
					 another redevelopment entity upon approval of the Authority and the State
					 Treasurer at their sole discretion. The Authority may, at any time and in its
					 sole option, assign the grant agreement to another instrumentality of the
					 State.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 33 - REQUESTS FOR ACCESS TO GOVERNMENT RECORDS › Subchapter 3 - DEMONSTRATION PROJECT GRANTS › Section 19:33-3.3 - Administration and performance of grant agreements

Current through Register Vol. 56, No. 14, July 15, 2024
The school district and the redevelopment entity are
					 responsible for the administration and success of the demonstration project,
					 and the provision of the grant by the Authority shall not in any way be deemed
					 to imply that the Authority shall have any responsibility for the
					 administration or success of the demonstration project. Moneys awarded pursuant
					 to this chapter shall be used in conformance with the Act, this chapter and the
					 provisions of the grant agreement to achieve the grant objectives and to insure
					 that the purposes set forth in the Act are fully executed.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 33 - REQUESTS FOR ACCESS TO GOVERNMENT RECORDS › Subchapter 3 - DEMONSTRATION PROJECT GRANTS › Section 19:33-3.4 - Fraud and debarment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The school
				  district and the redevelopment entity shall administer funds pursuant to this
				  chapter, the grant agreement and any contracts entered into in connection with
				  the demonstration project free from bribery, graft and corrupt practices. The
				  district and the redevelopment Authority have the primary responsibility for
				  the prevention and prosecution of such conduct. Upon knowledge of any
				  allegation or evidence of such conduct, the school district or the
				  redevelopment entity shall immediately notify the Authority and the Bureau of
				  Fiscal Oversight/SDA within the Office of the Attorney General in
				  writing.
(b) The redevelopment
				  entity and its consultants or contractors shall not enter into a contract for
				  work on a demonstration project with any person or firm which has been
				  debarred, suspended or disqualified from State, Authority or Federal government
				  contracting.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 33 - REQUESTS FOR ACCESS TO GOVERNMENT RECORDS › Subchapter 3 - DEMONSTRATION PROJECT GRANTS › Section 19:33-3.5 - Noncompliance and termination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event
				  that the Authority determines that either the school district or the
				  redevelopment entity is not in compliance with any provision of the Act, any
				  condition of the grant agreement, or any condition of this chapter, it will
				  notify the school district and the redevelopment entity of the noncompliance in
				  writing, and, if the noncompliance is not corrected within the time period
				  specified in the notice, in addition to any other remedies as may be provided
				  by law or by the grant agreement, the Authority may suspend grant funds,
				  withhold grant funds, and/or terminate the grant agreement.
(b) The parties to the grant agreement may
				  also terminate the grant agreement, on a date and under conditions the parties
				  shall agree upon, when all three parties agree that the continuation of the
				  demonstration project would not produce beneficial results commensurate with
				  the further expenditure of funds.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 33 - REQUESTS FOR ACCESS TO GOVERNMENT RECORDS › Subchapter 3 - DEMONSTRATION PROJECT GRANTS › Section 19:33-3.6 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Appeals
				  arising from decisions of the Authority may be requested in writing, and an
				  opportunity given for any informal hearing on the papers, in person or via
				  telephone with Authority staff. Such written request for an informal hearing
				  must be made within 30 days of the receipt of the Authority decision.
(b) In the event of an adverse decision after
				  an informal hearing under (a) above, or if a district determines not to seek an
				  informal hearing, and providing further that the dispute or controversy is a
				  contested case, as defined in
				  52:14B-2(b), a
				  district may request, within 90 days of the written decision resulting from the
				  informal hearing or the determination of the Authority if an informal hearing
				  is not sought, a formal hearing.
(c) Upon filing of the initial pleading in a
				  contested case, the Authority shall transmit the matter for hearing before the
				  Office of Administrative Law. Such hearings shall be governed by the provisions
				  of the Administrative Procedure Act,
				  52:14B-1 et seq. and 52:14F-1 et
				  seq., and the Uniform Administrative Procedures Rules, N.J.A.C. 1:1.
(d) Every determination of a dispute or
				  controversy arising from this chapter by the Authority, constituting final
				  agency action by the Board, shall be embodied in a written decision which shall
				  set forth findings of fact and conclusions of law pursuant to the applicable
				  rules of the Office of Administrative Law.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 33 - REQUESTS FOR ACCESS TO GOVERNMENT RECORDS › Subchapter 4 - DISBURSEMENT OF THE GRANT › Section 19:33-4.1 - Amount of the grant

Current through Register Vol. 56, No. 14, July 15, 2024
The grant shall be in the amount of the State share and
					 may be reduced if the amount certified by the school district as the total
					 eligible costs of the demonstration project prior to final completion and final
					 disbursement is less than the final eligible costs.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 33 - REQUESTS FOR ACCESS TO GOVERNMENT RECORDS › Subchapter 4 - DISBURSEMENT OF THE GRANT › Section 19:33-4.2 - Cost overruns

Current through Register Vol. 56, No. 14, July 15, 2024
Cost overruns of the demonstration project shall be the
					 responsibility of the school district or the redevelopment entity, as
					 appropriate, and shall not be the responsibility of the Authority or the State.
					 The grant shall in no case exceed the amount of the State share, and the award
					 of the grant shall not commit the Authority or the State to award any
					 continuation or supplemental funds to cover cost overruns of the demonstration
					 project. There shall be no grant modification increasing the grant amount.
					 Increased costs resulting from changes in the scope of the demonstration
					 project shall be the sole responsibility of the school district.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 33 - REQUESTS FOR ACCESS TO GOVERNMENT RECORDS › Subchapter 4 - DISBURSEMENT OF THE GRANT › Section 19:33-4.3 - Requests for disbursements

Current through Register Vol. 56, No. 14, July 15, 2024
The school district shall submit written requests for
					 disbursements to the Authority requesting that grant monies be paid by the
					 Authority to the school district at various stages of the demonstration
					 project. Funds may be disbursed only after the Authority has received from the
					 school district a certification showing that there will be sufficient funds to
					 complete the demonstration project.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 33 - REQUESTS FOR ACCESS TO GOVERNMENT RECORDS › Subchapter 4 - DISBURSEMENT OF THE GRANT › Section 19:33-4.4 - Schedule of disbursements

Current through Register Vol. 56, No. 14, July 15, 2024
Disbursement of grant funds shall be made at intervals as
					 work progresses and expenses are incurred by the school district and approved
					 by the Authority for payment. Total disbursements shall not exceed the grant
					 amount and in any case shall not exceed the State share. No disbursement of the
					 grant shall be made until the Authority receives all documentation required for
					 that disbursement, including all forms and information required by the
					 Authority and completed in a manner satisfactory to the Authority.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 33 - REQUESTS FOR ACCESS TO GOVERNMENT RECORDS › Subchapter 5 - UNDERTAKING THE DEMONSTRATION PROJECT; MAINTENANCE › Section 19:33-5.1 - Undertaking the demonstration project

Current through Register Vol. 56, No. 14, July 15, 2024
The redevelopment entity shall design and construct the
					 demonstration project pursuant to the final plans and specifications and as
					 approved by the Department pursuant to
					 18A:7G-5. Any changes in the
					 demonstration project which may impact educational adequacy (the number, size,
					 configuration, location or use of educational spaces) shall be reviewed and
					 approved by the Department as required under N.J.A.C. 6A:26-5 prior to such
					 changes being made. If during construction of the demonstration project, the
					 school district and the redevelopment entity determine that a change in the
					 construction contract is required, the school district shall comply with the
					 requirements for approval of a request for a change order pursuant to
					 6A:26-4.9. The school district
					 shall promptly notify the Authority in writing of events or proposed changes in
					 the scope of the demonstration project, the schedule for completion and/or any
					 other significant changed conditions concerning the demonstration
					 project.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 33 - REQUESTS FOR ACCESS TO GOVERNMENT RECORDS › Subchapter 5 - UNDERTAKING THE DEMONSTRATION PROJECT; MAINTENANCE › Section 19:33-5.2 - Maintenance of school facilities project

Current through Register Vol. 56, No. 14, July 15, 2024
Upon completion of a demonstration project by a
					 redevelopment entity, the school district shall submit to the Commissioner a
					 plan to provide for the maintenance of the project and shall enter into a
					 contract with the Authority which provides for that maintenance by the school
					 district. The school district shall provide for the maintenance of the
					 demonstration project at the funding levels prescribed by N.J.A.C. 6A:26A as
					 part of the district's five-year comprehensive maintenance plan, filed with the
					 New Jersey Department of Education.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34 - PRECONSTRUCTION ACTIVITIES › Subchapter 1 - GENERAL PROVISIONS › Section 19:34-1.1 - Purpose and applicability of rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules are
				  promulgated by the New Jersey Schools Development Authority (the Authority or
				  SDA), to provide guidance for school districts on the Authority's undertaking
				  and funding of preconstruction activities. Section 5 of the Educational
				  Facilities Construction and Financing Act,
				  P.L.
				  2000, c. 72,
18A:7G-1
et seq., as
				  amended by P.L. 2007, c.
				  137,
				  §20 (the "Act")
				  identifies "preconstruction" activities as including, but not limited to, site
				  identification, investigation and acquisition, feasibility studies,
				  land-related design work, design work, site remediation, demolition, and
				  acquisition of temporary facilities. With Commissioner authorization, the SDA
				  may undertake preconstruction activities required to prepare an application for
				  commissioner approval of a school facilities project.
(b) In accordance with
				  P.L.
				  2007, c. 137, section
				  1h, these rules provide for the involvement of SDA school districts, the public
				  and stakeholders at critical points throughout the preconstruction phase of a
				  school facilities project, including the identification and selection of
				  proposed sites for school facilities projects. The rules also provide selection
				  criteria to assist school districts in performing their responsibilities to
				  identify prospective school sites.
(c) The rules in this chapter shall apply to
				  SDA school districts, the school districts required to use the Authority to
				  construct their school facilities projects.
(d) Upon the approval of an SDA school
				  district's long range facilities plan, and based upon the educational priority
				  ranking of the school facilities projects in an SDA school district, as
				  determined by the Commissioner pursuant to section 5m(2) of the Act, and the
				  establishment of a Statewide strategic plan to be used by the Authority in the
				  sequencing of school facilities projects, pursuant to section 5m(3) of the Act,
				  an SDA school district may, pursuant to
				  6A:26-3.9, apply to the Department
				  for approval of preconstruction activities, provided such activities are
				  consistent with its approved long-range facilities plan. The SDA school
				  district submits an application for preconstruction activities to the
				  Department, which notifies both the district and the Authority whether the
				  activities are approved.
(e) An SDA
				  school district for which the Authority undertakes preconstruction activities
				  shall, at minimum, comply with the requirements of this chapter, as
				  applicable.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34 - PRECONSTRUCTION ACTIVITIES › Subchapter 1 - GENERAL PROVISIONS › Section 19:34-1.3 - Disclosure and publicity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applications
				  and submissions received by the Authority under this chapter which are
				  government records as defined in the Open Public Records Act,
				  P.L.
				  2001, c. 404, shall be
				  made available to persons who request their release as provided by State
				  law.
(b) Press releases and other
				  public dissemination of information by the SDA school district concerning the
				  preconstruction activities shall acknowledge Department approval and Authority
				  financing and undertaking of the preconstruction activities.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34 - PRECONSTRUCTION ACTIVITIES › Subchapter 1 - GENERAL PROVISIONS › Section 19:34-1.4 - Access and record retention

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Authority shall make available records and accounts pertaining to
				  preconstruction activities undertaken by the Authority to the State Comptroller
				  and the State Auditor in their investigations, examinations and inspections of
				  the activities related to the financing and undertaking of preconstruction
				  activities. The Authority shall also cooperate, upon request, in sharing
				  information with other entities.
(b) The school district shall keep those
				  records and accounts for the preconstruction activities as necessary in order
				  to evidence compliance with the Act and all applicable regulations and
				  requirements. Such records shall be retained for 10 years following substantial
				  completion of the school facilities project and any additional period required
				  for the resolution of litigation, claims or audit findings.
(c) The Authority shall keep those records
				  and accounts and shall require all parties with whom it has contracted to keep
				  those records and accounts for the preconstruction activities as necessary in
				  order to evidence compliance with the Act and all applicable regulations and
				  requirements. Such records shall be retained for 10 years following substantial
				  completion of the school facilities project and any additional period required
				  for the resolution of litigation, claims or audit findings.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34 - PRECONSTRUCTION ACTIVITIES › Subchapter 1 - GENERAL PROVISIONS › Section 19:34-1.5 - Waiver

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions set forth in
					 19:34A-1.8 shall apply to any
					 district requesting a waiver or release from the express provisions of any of
					 the rules in this chapter.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34 - PRECONSTRUCTION ACTIVITIES › Subchapter 1 - GENERAL PROVISIONS › Section 19:34-1.6 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions set forth in
					 19:34A-1.9 shall apply to the
					 appeals by SDA school districts of Authority determinations made pursuant to
					 this chapter.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34 - PRECONSTRUCTION ACTIVITIES › Subchapter 2 - GENERAL GUIDELINES FOR UNDERTAKING AND FUNDING PRECONSTRUCTION ACTIVITIES › Section 19:34-2.1 - General guidelines

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An SDA
				  school district may require preconstruction activities to be undertaken in
				  connection with a school facilities project prior to submission of a school
				  facilities project application to the Department. In such case, the SDA school
				  district may submit an application for Department approval of the undertaking
				  and funding of the requested preconstruction activity(ies), pursuant to
				  6A:26-3.9. The preconstruction
				  application shall be accompanied by a district board resolution authorizing the
				  application. In the event that the application for preconstruction activities
				  entails site acquisition, the SDA school district is encouraged to include an
				  endorsement of the community advisory committee formed under
				  19:34-3.2(c).
(b) The undertaking and funding of
				  preconstruction activities shall depend on the educational priority ranking of
				  the proposed school facilities project and the sequencing of the project in
				  accordance with the Statewide strategic plan, pursuant to section 5 of the
				  Act.
(c) In the case of an SDA
				  school district, the Authority shall undertake the approved preconstruction
				  activity or activities, unless the Authority determines that the proposed
				  school facilities project is a capital maintenance project, which may be
				  delegated to the SDA school district pursuant to
				  18A:7G-13(a). In
				  such a case, the Authority may delegate the entire capital maintenance project
				  and any related preconstruction activities to the district and such undertaking
				  shall be done pursuant to N.J.A.C. 19:34A.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34 - PRECONSTRUCTION ACTIVITIES › Subchapter 3 - SDA SCHOOL DISTRICTS SITE PRECONSTRUCTION ACTIVITIES › Section 19:34-3.1 - General criteria and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
If an SDA school district wishes to acquire a site in
					 connection with a school facilities project in its approved long-range
					 facilities plan, the Authority shall fund and undertake the following approved
					 preconstruction activities: site identification, investigation, and
					 acquisition, feasibility studies, land related design work, design work, site
					 remediation, demolition, and acquisition of temporary facilities. If an SDA
					 school district has already acquired land on which it proposes to construct a
					 school facilities project, the Authority shall fund and undertake the
					 aforementioned approved preconstruction activities with the exception of the
					 activities associated with site acquisition and, at the Authority's option,
					 activities associated with remediation of district-owned
					 land.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34 - PRECONSTRUCTION ACTIVITIES › Subchapter 3 - SDA SCHOOL DISTRICTS SITE PRECONSTRUCTION ACTIVITIES › Section 19:34-3.4 - Site investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Site
				  investigations entail the planning and implementation of environmental site
				  sampling, detailed utility investigations and other activities that rely on
				  site-specific field data to quantify remediation liability exposure and define
				  the extent of impacts, the development of site-specific remediation action
				  objectives and the development of remedial action alternatives and their
				  corresponding remediation costs estimates.
(b) The Authority shall undertake the site
				  investigation needed for purposes of site acquisition or use of a
				  district-owned site for the construction of a school facilities project, in
				  accordance with the rules of the NJDEP governing the undertaking of
				  environmental investigations in their Technical Requirements for Site
				  Remediation, N.J.A.C. 7:26E, as amended.
(c) The Authority shall communicate its
				  findings of data and information (gathered from a site investigation) with the
				  district's chief school administrator prior to submitting an application for
				  any required approval of the acquisition of land to the Department. Further,
				  the Authority shall undertake any other due diligence required for the site
				  acquisition or the use of district-owned land for a school facilities project.
				  The Authority shall also undertake the submission of the application for land
				  acquisition approval to the SDA school district. If more than one site has been
				  evaluated, the Authority, after consultation with the SDA school district,
				  shall notify the Department of what it considers to be the most suitable
				  site.
(d) At any point during or
				  after site investigation, if the Authority determines that a proposed site is
				  not suitable or available for school use, due to environmental or other
				  reasons, it may either terminate or require the district to terminate any
				  further site investigation for that site.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34 - PRECONSTRUCTION ACTIVITIES › Subchapter 3 - SDA SCHOOL DISTRICTS SITE PRECONSTRUCTION ACTIVITIES › Section 19:34-3.5 - Site acquisition approvals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Following a
				  feasibility study, land-related design work, site investigation, and
				  consultation, as applicable, the Authority shall determine whether or not to
				  acquire the site. The criteria for the Authority's decision shall include the
				  following considerations:
1. Cost and
				  schedule impacts: adjustments to overall project schedule, complexity of land
				  acquisition or fair market value considerations;
2. Significant site location and improvement
				  considerations: constructability, community impacts related to construction and
				  time to implement, compatibility of neighboring land uses, overall
				  revitalization and economic development and open space plans, proximity of
				  public transportation and relocation and displacement impacts;
3. Significant infrastructure considerations:
				  sufficiency of water supply (drinking and fire) and sewerage capacity, traffic
				  impacts, including road widening and partial takings and utility relocation;
				  and
4. Significant environmental
				  considerations: technical impracticability of remediation, environmental
				  quality impacts (soil and groundwater), historic and cultural resources,
				  compatibility with neighboring land uses, wetlands, stream encroachment,
				  endangered species and Green Acres encumbrances.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34 - PRECONSTRUCTION ACTIVITIES › Subchapter 3 - SDA SCHOOL DISTRICTS SITE PRECONSTRUCTION ACTIVITIES › Section 19:34-3.6 - Ownership of site

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the
				  obtaining of all necessary approvals required for the acquisition of a site,
				  the Authority shall take all steps necessary, including condemnation, required
				  to take title to the site.
(b) The
				  Authority may, at its option, take title in its own name, or the site shall be
				  conveyed directly to the SDA school district.
(c) If the Authority conveys title to the SDA
				  school district prior to close out of the school facilities project on the
				  site, the district shall agree to permit the Authority access to the site by
				  way of ground lease or other form of right of entry as appropriate to undertake
				  preconstruction activities and school facilities project(s) on the
				  site.
(d) Any site funded by the
				  Authority pursuant to this chapter shall contain a reverter that if the site is
				  not used for a school facility as defined under the Act, ownership of and title
				  to the land together with the school facility on the site funded under the Act,
				  will revert to and the title thereof shall vest in the Authority. The district
				  shall execute any documents including, but not limited to, a deed of conveyance
				  necessary to accomplish such reversion. If applicable, the district shall also
				  comply with the requirements for Department approval of the disposal of land
				  and/or the closing of a school facility, pursuant to
				  6A:26-7.4 and 7.5.
(e) After such time as the SDA school
				  district becomes the owner of the site, it shall execute any documents required
				  of owners by NJDEP rules. In the event that the NJDEP approved remediation
				  includes an engineering control and/or the recording of a deed notice, then the
				  Authority shall prepare the deed notice, which shall be signed by the district
				  as the ultimate owner of the site. The district shall comply with the
				  conditions of the deed notice which may be imposed by the NJDEP, including, but
				  not limited to, periodic inspection of engineering controls placed on the site
				  and submission of reports to the NJDEP.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34 - PRECONSTRUCTION ACTIVITIES › Subchapter 3 - SDA SCHOOL DISTRICTS SITE PRECONSTRUCTION ACTIVITIES › Section 19:34-3.7 - Relocation assistance

Current through Register Vol. 56, No. 14, July 15, 2024
When the Authority acquires a site in connection with a
					 school facilities project, by purchase or by eminent domain, and thereby
					 becomes a displacing agency within the meaning of N.J.A.C. 5:40, the Authority
					 shall provide and fund relocation assistance to displaced persons in accordance
					 with applicable law and regulation.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34 - PRECONSTRUCTION ACTIVITIES › Subchapter 3 - SDA SCHOOL DISTRICTS SITE PRECONSTRUCTION ACTIVITIES › Section 19:34-3.8 - Remediation and site development

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon
				  acquisition by the Authority of the land, the Authority shall perform any
				  necessary remediation and/or site development work to prepare the land for
				  construction.
(b) For land already
				  owned by the SDA school district on which the district is proposing to locate a
				  school facilities project, the Authority may, but is not obligated to, perform
				  any necessary remediation and/or site development to prepare the land for
				  construction, pursuant to the district's provision of access to the land by way
				  of ground lease or other form of right of entry.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34 - PRECONSTRUCTION ACTIVITIES › Subchapter 4 - ABBOTT DISTRICTS: OTHER PRE-DEVELOPMENT ACTIVITIES › Section 19:34-4.2 - Temporary facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After
				  receipt of an approval by the Department of an SDA school district request for
				  temporary facilities and as part of the process of undertaking a school
				  facilities project, the Authority shall procure, install and fund, the
				  procurement and installation of temporary facilities to be used for educating
				  students on a temporary basis while awaiting completion of a school facilities
				  project that will permanently house students.
(b) If the temporary facilities are located
				  on land owned by the SDA school district, the district shall agree to permit
				  the Authority a right of entry upon the land to undertake preconstruction
				  activities and, if applicable, the school facilities project. If the temporary
				  facilities are located on land not owned by the district, the Authority shall
				  require a right of entry upon the land to undertake preconstruction activities
				  and, if applicable, the school facilities project.
(c) The Authority shall obtain all required
				  approvals prior to district occupancy of temporary facilities, such as
				  Department approval pursuant to
				  6A:26-3.1 4 and 6A:26-8, which may
				  in turn be conditioned upon local planning board review and Uniform
				  Construction Code compliance.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34A - SECTION 13(A) DELEGATION AGREEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 19:34A-1.1 - Purpose and applicability of rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules are
				  promulgated by the New Jersey Schools Development Authority (the "Authority"),
				  to implement section 13(a) of the Educational Facilities Construction and
				  Financing Act,
				  P.L.
				  2000, c. 72
				  (
18A:7G-13(a)
, as amended, and
				  P.L.
				  2007, c. 137 (the
				  "Act"). The Act provides for, among other things, the Authority to undertake
				  all of the school facilities projects in the SDA school districts and to
				  undertake and fund certain preconstruction activities, pursuant to
6A:26-3.9
and 19:34.
				  Section 13(a) of the Act provides that in the case of a capital maintenance
				  project, the Authority may, in its discretion, authorize a district to
				  undertake the project and shall enter into a grant agreement with the district
				  for the payment of the State share.
(b) The rules in this chapter implementing
				  section 13(a) of the Act shall apply to SDA school districts.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34A - SECTION 13(A) DELEGATION AGREEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 19:34A-1.3 - Administration and performance of grant agreements

Current through Register Vol. 56, No. 14, July 15, 2024
The district is responsible for the administration and
					 success of the capital maintenance project, and the provision of the grant by
					 the Authority shall not in any way be deemed to imply that the Authority shall
					 have any responsibility for the administration or success of the capital
					 maintenance project. Although districts are encouraged to seek the advice and
					 opinion of the Authority on problems that may arise regarding the capital
					 maintenance project, the giving of such advice by the Authority shall not shift
					 the responsibility for final decisions from the district to the Authority, nor
					 render the Authority responsible for such advice. Moneys awarded pursuant to
					 this chapter shall be used in conformance with the Act, this chapter and the
					 provisions of the grant agreement to achieve the grant objectives and to insure
					 that the purposes set forth in the Act are fully executed.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34A - SECTION 13(A) DELEGATION AGREEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 19:34A-1.5 - Remedies for events of default and noncompliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition
				  to any other remedies as may be provided by law or by the section 13(a)
				  delegation agreement, in the event of noncompliance with any provisions of the
				  Act, any condition of the section 13(a) delegation agreement, an event of
				  default, or any requirement of this chapter, the Authority, after taking the
				  action in (a)1 below, may take any of the actions or combinations thereof set
				  forth in (a)2 through 4 below:
1. Issue a
				  notice of noncompliance in writing to the district stating that if corrective
				  action is not taken within the requisite time period specified or if the action
				  is inadequate as determined by the Authority, the Authority may take any of the
				  actions or combinations contained in
				  19:34A-1.5(a)2 
				  through 5;
2. Withhold, upon
				  written notice to the district, grant disbursements or any portion
				  thereof;
3. Suspend, upon written
				  notice to the district, the section 13(a) delegation agreement and withhold
				  further payments thereunder and prohibit the district from incurring additional
				  obligations of grant funds pending corrective action by the district;
4. Terminate, upon written notice to the
				  district, the section 13(a) delegation agreement or rescind the grant moneys.
i. The Authority shall promptly notify the
				  district, in writing, of its determination to terminate the grant agreement and
				  the reasons for the termination, together with the date on which the
				  termination shall take effect.
ii.
				  Upon termination of the grant agreement, the Authority may demand that an
				  amount equal to the grant received by the district be immediately returned to
				  the Authority and the district shall waive payment by the Authority of the
				  undistributed balance, and upon notice to the district, the amount of the grant
				  disbursed by the Authority shall be immediately due and payable by the district
				  together with any costs to the Authority resulting from an event of default by
				  the district; and/or
5.
				  In addition to any withholding, suspension or termination action, the Authority
				  retains the right to pursue any and all other remedies as may be available
				  under State law as warranted.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34A - SECTION 13(A) DELEGATION AGREEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 19:34A-1.7 - Termination by mutual agreement

Current through Register Vol. 56, No. 14, July 15, 2024
The Authority and the district may terminate the section
					 13(a) delegation agreement when both parties agree that the continuation of the
					 capital maintenance project would not produce beneficial results commensurate
					 with the further expenditure of funds. The Authority and the district shall
					 agree upon the conditions for termination including the date on which the
					 termination shall take effect. The closeout provisions specified in
					 19:34A-3.4 shall apply.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34A - SECTION 13(A) DELEGATION AGREEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 19:34A-1.8 - Waiver

Current through Register Vol. 56, No. 14, July 15, 2024
Any district desiring a waiver or release from the express
					 provisions of any of the rules in this chapter may submit a written request to
					 the Authority. Waivers may be granted by the Authority, only when the Authority
					 determines that such a waiver would not contravene the provisions of the Act
					 and upon a finding that, in granting the waiver, the Authority will be
					 promoting the statutory purposes expressed in the Act.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34A - SECTION 13(A) DELEGATION AGREEMENT › Subchapter 1 - GENERAL PROVISIONS › Section 19:34A-1.9 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Appeals
				  arising from decisions of the Authority may be requested in writing, and an
				  opportunity given for any informal hearing on the papers, in person or via
				  telephone with Authority staff. Such written request for an informal hearing
				  must be made within 30 days of the receipt of the Authority's
				  decision.
(b) In the event of an
				  adverse decision after an informal hearing under (a) above, or if a district
				  determines not to seek an informal hearing, and providing further, that the
				  dispute or controversy is a contested case, as defined in
				  52:14B-2(b), a
				  district may request, within 90 days of the written decision resulting from the
				  informal hearing or the determination of the Authority if an informal hearing
				  is not sought, a formal hearing.
(c) Upon filing of the initial pleading in a
				  contested case, the Authority shall transmit the matter for hearing before the
				  Office of Administrative Law. Such hearings shall be governed by the provisions
				  of the Administrative Procedure Act,
				  52:14B-1 et seq. and 52:14F-1 et
				  seq., and the Uniform Administrative Procedures Rules, N.J.A.C. 1:1.
(d) Every determination of a dispute or
				  controversy arising from this chapter by the Authority, constituting final
				  agency action by the Board, shall be embodied in a written decision which shall
				  set forth findings of fact and conclusions of law pursuant to the applicable
				  rules of the Office of Administrative Law.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34A - SECTION 13(A) DELEGATION AGREEMENT › Subchapter 2 - DELEGATION TO THE DISTRICT OF THE DESIGN AND CONSTRUCTION OR ACQUISITION AND INSTALLATION OF THE CAPITAL MAINTENANCE PROJECT › Section 19:34A-2.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter establishes the Authority's procedures and
					 requirements governing the conditions and eligibility criteria for delegation
					 under 18A:7G-13(a)  as
					 well as the circumstances ending the delegation.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34A - SECTION 13(A) DELEGATION AGREEMENT › Subchapter 2 - DELEGATION TO THE DISTRICT OF THE DESIGN AND CONSTRUCTION OR ACQUISITION AND INSTALLATION OF THE CAPITAL MAINTENANCE PROJECT › Section 19:34A-2.2 - Eligibility criteria for delegation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				  criteria shall apply regarding eligibility for delegation when determined upon
				  issuance by the Department of a preconstruction approval of the preconstruction
				  design work:
1. The district has obtained
				  approval of the district's long-range facilities plan pursuant to
				  6A:26-2.3;
2. There are no preconstruction activities
				  related to land acquisition or special circumstances such as site development
				  or remediation;
3. The Department
				  has approved the undertaking of preconstruction design work pursuant to
6A:26-3.9
; and
4. The delegation, as determined by the
				  Authority, is in the best interests of the capital maintenance
				  project.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34A - SECTION 13(A) DELEGATION AGREEMENT › Subchapter 2 - DELEGATION TO THE DISTRICT OF THE DESIGN AND CONSTRUCTION OR ACQUISITION AND INSTALLATION OF THE CAPITAL MAINTENANCE PROJECT › Section 19:34A-2.3 - Execution and other conditions for delegation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After
				  the Authority has determined that a capital maintenance project has satisfied
				  the eligibility criteria for a section 13(a) delegation agreement, it shall
				  transmit the section 13(a) delegation agreement to the district for execution.
				  The Authority may transmit along with the agreement, a scope of work that shall
				  serve as the basis for any further design work undertaken by the district's
				  consultant.
(b) The district shall
				  execute the section 13(a) delegation agreement within such period of time and
				  pursuant to such terms and conditions as the Authority may determine in its
				  sole discretion, and return the section 13(a) agreement together with all
				  applicable attachments to the Authority for execution by the Authority. Such
				  terms and conditions shall include:
1.
				  Delivery by the district to the Authority of a true copy of a resolution of the
				  district board authorizing the execution and delivery of the agreement and
				  proof of the district board's delegation of authority to the school business
				  administrator or other authorized officer for supervision of the capital
				  maintenance project;
2. Delivery by
				  the district to the Authority of a certificate executed by the school business
				  administrator or other authorized officer as to the following:
i. All adoptions and approvals required to be
				  given by the district or by any other governmental entity with respect to the
				  agreement have been obtained;
ii.
				  The district has full legal right, power and authority to enter into the
				  agreement to consummate the transactions contemplated thereby; and
iii. The agreement has been duly authorized,
				  executed, and delivered by the district, and constitutes a valid and binding
				  agreement of the district enforceable in accordance with its terms;
				  and
3. Unless otherwise
				  directed by the Authority, the resolution, certificate, and any other
				  documentation required in support of the administration of the 13(a) delegation
				  agreement shall be submitted electronically.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34A - SECTION 13(A) DELEGATION AGREEMENT › Subchapter 2 - DELEGATION TO THE DISTRICT OF THE DESIGN AND CONSTRUCTION OR ACQUISITION AND INSTALLATION OF THE CAPITAL MAINTENANCE PROJECT › Section 19:34A-2.4 - Initiation of delegation and engagement of the design consultant

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If
				  delegation occurs upon issuance by the Department of a preconstruction
				  approval:
1. Upon execution of the agreement
				  by the district and the Authority pursuant to
				  19:34A-2.3, the district shall
				  proceed to engage a design consultant and shall submit to the Authority an
				  executed consultant certification in the form attached to the agreement and
				  acceptable documentation of insurance coverage.
2. Disbursement for any services performed by
				  the design consultant prior to the execution of the agreement by the district
				  and the Authority pursuant to
				  19:34A-2.3 shall be at the risk of
				  the district.
3. The design
				  consultant shall prepare the design documents required for submission by the
				  district to the Department of a school facilities project application, pursuant
				  to 6A:26-3.3.
4. Upon approval by the Department of the
				  school facilities project application and issuance of the preliminary project
				  report, the district may proceed further in the design phase.