N.J. Admin. Code § 7:36-23.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:36-23.3 - Approval or denial of an application; award of funding; procedural letter

(a) Based on available funding, the number of nonprofit development applications received, and the total priority points assigned to the project under 7:36-23.2, the Department shall make a recommendation for approval or denial of the application to the Garden State Preservation Trust.

(b) If the application is approved by the Garden State Preservation Trust, the Department shall notify the nonprofit in writing of the amount of the Green Acres funding award, which is subject to legislative appropriation.

(c) If the application is denied by the Garden State Preservation Trust, the Department shall notify the nonprofit in writing of the reason for the denial.

(d) After the notification of the funding award under (b) above, and after the funding award has received legislative appropriation, Green Acres shall send to the nonprofit a procedural letter, a Development Compliance Checklist, and a Pre-Construction Engineering Certification. The procedural letter directs the nonprofit to:

1. Submit, by the deadline specified in the procedural letter, a construction schedule; one copy of construction plans for the project, signed and sealed by a New Jersey licensed landscape architect, architect, or engineer; and the Pre-Construction Engineering Certification, signed by a New Jersey licensed engineer or architect, certifying that all construction plans and specifications meet all applicable State and local codes and current engineering requirements;

2. Return to Green Acres a certification by the nonprofit's attorney that each contract was let in conformance with the Local Public Contracts Law, 40A:11-1 et seq. This certification is required for each executed contract for professional services or construction. The certification must be on the form provided by Green Acres, and should be submitted to Green Acres immediately upon execution of each contract for the development project;

3. Secure and submit to Green Acres permits or letters of waiver provided by all agencies claiming jurisdiction;

4. Obtain and submit to Green Acres, by the deadline specified in the procedural letter, a preliminary assessment of the project site in accordance with 7:36-23.4;

5. Erect and maintain a sign, according to the detail sheet provided by Green Acres, that identifies the development as a Green Acres funded project;

6. Return to Green Acres the Development Compliance Checklist, executed by the nonprofit's chief executive officer and attorney, verifying that the nonprofit has complied or will comply with the Green Acres development requirements described in (d)1 through 5 above and the bid procedures outlined in 7:36-24.2, and that confirms that:

i. The State Affirmative Action requirement ( P.L. 1975, c.127, 10:5-31 through 38) has been incorporated into the specifications; and

ii. The design of the facility conforms to all applicable State and Federal Barrier Free Codes and the Americans with Disabilities Act ( 42 U.S.C. §§ 12101 et seq.) requirements.

7. Submit, for a project located on property not owned in fee simple by the nonprofit, a copy of a lease or use agreement for the property that meets the requirements of 7:36-21.1(f), if not previously submitted; and

8. If applicable, satisfy the procedural requirements for a change in purpose or use at 7:36-25.6, including, but not limited to, the requirement for a public hearing.

N.J. Admin. Code § 7:36-23.3