N.J. Admin. Code § 15:21-5.7

Current through Register Vol. 57, No. 1, January 6, 2025

Section 15:21-5.7 - Review and approval procedures

(a) Application must be in a completed official form New Jersey Library Construction Incentive Grant Program, 15215 supplied by the New Jersey State Library.

(b) The application shall be made by the body charged with the responsibility for the establishment and maintenance of the library (board of trustees or county library commission, or county board of chosen freeholders as appropriate). The governing body of the municipality in which the library is located, or of the county(ies) in the case of a county library, shall be cosignator of the application.

(c) If a library facility is to be constructed by a municipality with the provision that it be equipped or stocked or staffed or supported by a library not an agency of that municipality (for example, a municipally constructed building which will be operated by a county library as a branch library), the application shall be in the names of both or all parties concerned.

(d) The person authorized to submit the application shall be an officer of the body named as applicant, preferably, the president or chairperson of this body. A statement to be signed and completed by the responsible officer of the applicant, for example, secretary of a board of trustees, shall certify this authorization. If the application is jointly submitted, an individual from each body shall be authorized and certified. The signature of each authorized person is required on the application.

(e) Building plans shall be prepared by an architect licensed by the State of New Jersey.

(f) Any changes or revisions affecting the application, including any structural changes in the building plans made after an application is submitted, shall be submitted on appropriate forms for approval. The State Librarian shall have the power to revoke approval of any application or grant for failure to submit and receive approval of substantial changes in the application.

(g) Full approval of the proposed construction project must be given by the State Librarian before construction contracts are signed.

(h) Architectural or engineering supervision and inspection will be provided by the applicant at the construction site to ensure that the completed work conforms to the approved plans and specifications. For the purpose of inspection, representatives of the State Librarian will have access at all reasonable times to all construction work being done under the New Jersey Library Construction Incentive Act, N.J.S.A. 18A:74-14 et seq. The owner and contractor will be required to facilitate such access and inspection.

(i) Construction must be initiated and completed in a reasonable period of time. Time limit for completion shall be measured from the date of application approval. In general, construction must be completed according to the following schedule:

Total Eligible Project Cost	Maximum Construction Period
Under $ 1,000,000	One Year
Over $ 1,000,000	Two Years

(j) In general, the grant shall be paid to the applicant in three installments as shown below, but only upon receipt of satisfactory evidence of completion of each phase. Architect's certification and/or on-site inspection shall be considered satisfactory evidence.

1. Forty percent upon approval of the award of construction contract(s);

2. Fifty percent when construction is 50 percent complete; and

3. Ten percent upon submission and acceptance of final expenditure report, subject to adjustment to reflect the actual cost.

(k) Accounts and supporting documents of the local agency shall be adequate to permit an accurate and expeditious audit. All expenditures claimed for State financial participation shall be audited either by an independent certified public accountant or an independent registered municipal accountant licensed by the State of New Jersey. Such audits shall be in accordance with generally accepted auditing standards and shall comply with guidelines established by the Department of Community Affairs for local government audits.

N.J. Admin. Code § 15:21-5.7

As amended, R.1983 d.198, eff. 6/6/1983.
See: 15 New Jersey Register 196(a), 15 New Jersey Register 890(c).
In (d), "chairman" changed to "chairperson".
Amended by R.1990 d.179, effective 3/19/1990.
See: 21 New Jersey Register 3822(a), 22 New Jersey Register 921(c).
Administrative Correction to (a): Deleted text.
See: 22 New Jersey Register 2359(a).
Recodified from 6:68-5.8 and amended by R.1995 d.290, effective 6/5/1995.
See: 27 New Jersey Register 620(a), 27 New Jersey Register 2202(a).
Amended by R.2000 d.145, effective 4/3/2000.
See: 32 New Jersey Register 174(a), 32 New Jersey Register 1244(b).
Rewrote (a); in (f), inserted "made after an application is submitted" following "plans" in the first sentence; in (i), rewrote the schedule; in (j)3, substituted "final expenditure report" for "audit of expenditure" following "acceptance of"; and in (k), substituted "Department of Community Affairs for local government audits" for "State Librarian" at the end.