N.J. Admin. Code § 7:36-4.10

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

Section 7:36-4.10 - Allowable project costs

(a) For an acquisition project, the following costs are allowable, provided the local government unit incurs such costs in conformance with all applicable laws, including the Local Public Contracts Law, 40A:11-1 et seq.:

1. Costs that a local government unit incurs to acquire title or permanent interest in the project site, up to the greater of either:

i. The eligible land cost; or

ii. The purchase price, up to the hypothetical land value;

2. Relocation payments made by a local government unit in accordance with the Relocation Assistance Act, 20:4-1 et seq. or the Relocation Assistance Law at 1967, 52:31B-1 et seq. The local government unit shall provide to Green Acres a Workable Relocation Assistance Plan (WRAP) approved by the New Jersey Department of Community Affairs;

3. Costs that the local government unit incurs for any appraisal obtained in accordance with 7:36-8.3;

4. Land survey costs that the local government unit incurs for the field determination of acreage to be subject to Green Acres restrictions, done in compliance with the Local and Nonprofit Land Survey Overview, incorporated herein by reference as chapter Appendix 2. The Overview is available from Green Acres at PO Box 412, Trenton, New Jersey 08625 or on the Green Acres web page at www.nj.gov/dep/greenacres. Technical assistance regarding the preparation of the land survey is available from Green Acres.

5. Costs of the preliminary assessment, when completed in accordance with N.J.A.C. 7:26E, as required under N.J.A.C. 7:36-8.2, and further testing as determined by the Department, based on findings and recommendations of the preliminary assessment;

6. Subject to 7:36-4.4, costs of demolition and removal of any structure:

i. For a project located in an Urban Aid municipality, all allowable costs associated with demolition and removal of structures are eligible, subject to available funding;

ii. For a project not located in an Urban Aid municipality, allowable costs associated with demolition and removal of structures are limited to a maximum of 10 percent of the eligible land cost or $100,000, whichever is less; and

iii. The local government unit's attorney must submit a certification that each contract related to the demolition and removal 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, and must be on a form provided by Green Acres;

7. Costs of well testing done in compliance with the Private Well Testing Act, P.L. 2001, c. 40; 58:12A-26 et seq., and implementing rules at N.J.A.C. 7:9E; and

8. Incidental costs, individually itemized, associated with the implementation of the acquisition project, including the cost of advertising, archaeological, architectural, conservation, engineering, feasibility studies, financial, geological, historic research, hydrological, inspection, legal, planning, or other professional advice, estimates, reports, services, or studies; and title insurance obtained in accordance with 7:36-9.4(c)1 iv and 2iv. Incidental costs are limited to a maximum of two percent of the eligible land cost or $20,000, whichever is less.

(b) The following types of costs are not allowable:

1. Administrative and operating costs and salary and/or wages of any employee of the local government unit incurred as part of the acquisition project;

2. Real property taxes;

3. Costs associated with an application for Green Acres funding that the Garden State Preservation Trust does not approve under 7:36-8.1;

4. Remediation work done to address any areas of concern, as defined under the Technical Requirements for Site Remediation, N.J.A.C. 7:25E, that are identified in the preliminary assessment required under 7:36-8.2 or by other means; and

5. Costs in excess of the sum of the approved Green Acres funding plus the local government unit's matching share, if required, unless Green Acres has approved a request for supplemental funding under 7:36-9.3.

(c) Costs of a condemnation award in excess of the eligible land cost of the project site may be funded by a supplemental Green Acres loan or matching grant under 7:36-9.3.

N.J. Admin. Code § 7:36-4.10