N.J. Admin. Code § 6A:31-3.3
Current through Register Vol. 56, No. 23, December 2, 2024
Section 6A:31-3.3 - Substantial reconstruction of additional facilities as part of an approved renaissance school project(a) Prior to the opening of each renaissance school that will undergo substantial reconstruction, the renaissance school project shall submit to the Commissioner and the renaissance school district, a plan for the facility's substantial reconstruction. The substantial reconstruction plan shall include: 1. A description of the reconstruction that is to take place;2. An estimated timeline for the completion of the substantial reconstruction, which shall include estimated dates for the filing and receipt of demolition and/or construction permits, the completion of the substantial reconstruction, and any other significant construction milestones;3. An estimate of the development budget that includes the cost of the substantial reconstruction as a percentage of the appraised fair market value of the property to show that it satisfies the definition of substantial reconstruction; and4. A copy of the appraisal report that includes the property's fair market value as determined pursuant to (b) below.(b) To determine the fair market value of the property for purposes of satisfying the definition of substantial reconstruction, the renaissance school project shall select an independent Member Appraisers Institute (MAI) appraiser to conduct an appraisal of the fair market value of the property, factoring in building conditions (for example, environmental conditions and required remediation, recent building improvements, the annual cost of facilities maintenance for the preceding 12 months, and use restrictions of the building as a public school facility) into such appraisal. 1. Within 45 business days of receiving the substantial reconstruction plan, the school district superintendent or State district superintendent of the renaissance school district shall notify the Commissioner and the renaissance school project if the renaissance school district does not accept the renaissance school project's fair market value appraisal and shall submit an appraisal of its own to the Commissioner and the renaissance school project. This appraisal shall be conducted by an independent MAI appraiser and shall factor in building conditions (for example, environmental conditions and required remediation, recent building improvements, the annual cost of facilities maintenance for the preceding 12 months, and use restrictions of the building as a public school facility). Failure of the school district superintendent or State district superintendent of the renaissance school district to notify the Commissioner and the renaissance school project if the renaissance school district does not accept the renaissance school project's fair market value appraisal and submit an appraisal within 45 business days of receiving the substantial reconstruction plan, shall constitute acceptance of the renaissance school project's fair market value appraisal.2. If the two appraised values of the property differ, such that the renaissance school project's development budget no longer satisfies the definition of substantial reconstruction, the parties together shall select and share the cost of a review appraiser who shall be an independent MAI appraiser.i. The renaissance school project and the renaissance school district shall jointly arrange for the review appraiser to conduct a comprehensive review of the renaissance school project's and the renaissance school district's appraisals, including building conditions (for example, environmental conditions and required remediation, recent building improvements, the annual cost of facilities maintenance for the preceding 12 months, and use restrictions of the building as a public school facility), and to determine the fair market value of the property for purposes of satisfying the definition of substantial reconstruction.ii. The renaissance school project and the renaissance school district shall jointly arrange for the review appraiser to issue a review appraisal within 30 business days from the date of selection as the review appraiser and to submit a copy of the review appraisal to the renaissance school project, the school district superintendent or State district superintendent of the renaissance school district, and the Commissioner.3. If the review appraisal of the property does not alter the renaissance school project's compliance with the definition of substantial reconstruction, the review appraisal shall be deemed the property's final fair market value.4. Upon the calculation of the property's final fair market value, the renaissance school project shall resubmit its substantial reconstruction plan to the Commissioner and the renaissance school district pursuant to (a) above.(c) The Commissioner shall notify the renaissance school project as to whether it satisfies the requirements for the substantial reconstruction plan. If the plan meets the section's requirements, the renaissance school project may commence construction pursuant to the plan. 1. To qualify for funding pursuant to N.J.S.A. 18A:36C-7.e for students attending a facility undergoing substantial reconstruction, the renaissance school project shall submit to the Commissioner a copy of the demolition or construction permit(s) for the facility's substantial reconstruction as evidence of beginning construction pursuant to N.J.S.A. 18A:36C-7.1.2. If the renaissance school project makes a material modification to the scope of the substantial reconstruction at any time prior to the substantial reconstruction's completion, the renaissance school project shall submit to the Commissioner a revised substantial reconstruction plan that complies with (a) and (b) above.3. The renaissance school project shall submit quarterly reports to the Commissioner with an update on the status and cost of the reconstruction.(d) The renaissance school project shall notify the Commissioner upon completion of the substantial reconstruction, at which time the Commissioner shall ensure the renaissance school project satisfied the definition of substantial reconstruction.N.J. Admin. Code § 6A:31-3.3
Recodified to N.J.A.C. 6A:31-3.2 by R.2015 d.051, effective 4/6/2015.
See: 46 N.J.R 661(a), 47 N.J.R. 717(a).
Section was "Preparedness assessment(s)".
New Rule, R.2018 d.019, effective 1/16/2018.
See: 49 N.J.R. 2664(a), 50 N.J.R. 324(a).
Section was "Reserved".
Amended by R.2022 d.007, effective 1/3/2022.
See: 53 N.J.R. 1054(a), 54 N.J.R. 40(c).
In (a), inserted "facility" and the fourth occurence of "renaissance school".