N.J. Admin. Code § 15:24-2.7

Current through Register Vol. 56, No. 19, October 7, 2024

Section 15:24-2.7 - Primary criteria for eligible projects

(a) All applications shall meet the following criteria:

1. Barrier-free access improvements, such as ramps, restrooms, and other necessary improvements to bring the public library building in compliance with State and Federal minimum standards for providing accessibility for individuals with disabilities must be integrated in all new construction, repair, and rehabilitation projects.

2. Equitable public access to current technology and the adaptability of the public library building to future uses of technology for all public library customers must be integrated into all project proposals.

3. The applicant shall be in possession of a fee simple title or such other estate or interest in the project site, including access thereto, as is sufficient to assure undisturbed use and possession of the facility(ies) for not less than 20 years, or shall have met the criteria set forth at (a)4 and (b) and (c) below. Ownership of the site by the applicant includes ownership of the land by the municipality(ies) in which the applicant is located, or the county(ies,) in the case of a county or regional public library application, provided that such land has been formally dedicated to public library use.

4. In cases where an applicant is proposing to acquire land on which there is to be construction of a new building(s) or expansion of an existing building(s) to be used as a public library, the applicant shall submit a letter of intent to purchase such land.

i. Documentation of the value of the land, and, if applicable, any structures upon it, will be required to determine that each land purchase is reasonable and comparable in price to other land purchases in proximity to the land to be acquired.

ii. The appraisal shall be prepared by an independent appraiser licensed by the State of New Jersey.

iii. The intent to acquire land may be in the form of a resolution of the governing body(ies) of the municipality(ies) of the applicant or the county(ies), in the case of a county or regional public library, a letter of intent to purchase land; a contract for the purchase of land; and/or other legal documents as determined by the applicant's attorney to be proof of intent to purchase land and as acceptable to the President and State Librarian. When the purchase of land is complete, the applicant must adhere to the requirements of (a)3 above. The land must be formally dedicated to public library use.

(b) If land and/or structures purchased with grant funds are sold within 20 years of the grant award notification, the applicant will be required to reimburse funds equal to the amount of grant funds received for such purpose to the Department of the Treasury.

(c) New public library buildings or buildings purchased to be public libraries may be part of, or located in, a mixed-use commercial, residential, municipal, county, State, or Federal project, if the applicable local codes allow. Only the costs attributed to the use of the public library building are eligible costs of the Bond Act. Any non-public library use area or shared space must be prorated by the architect and may not be funded by a grant.

(d) For each rehabilitation and/or building acquisition project, a building analysis shall be prepared by an architect licensed in the State of New Jersey and shall be submitted as part of the application. The architect or a building consultant shall prepare a building program and such program shall be submitted as part of the application. The architect shall certify that the rehabilitated structure and all its component parts shall have a life expectancy of 20 years or more from completion of the project. Analyses made by the architect regarding the following shall be submitted in substantiation of the suitability and practicality of the acquisition, construction, rehabilitation, or repair:

1. The architect's certification that the building is structurally sound;

2. A determination that the building is suitable for acquisition or rehabilitation and upon completion will require no more than normal, annual maintenance;

3. The evaluation of the space requirements and allocation of space demonstrating that the structure, as acquired or rehabilitated, will serve the specific needs of the applicant and its community as defined in the library building program submitted as part of the grant application; and

4. An analysis of all mechanical aspects of existing construction to determine the need for replacement or improvement.

(e) Certification by the applicant that it has, or will have, local matching funds for the project, including a detailed listing of the matching funds. The applicant shall support 50 percent of the cost of the project. The local governing entity in the area served by the public library may solicit and receive grants and other funds from any private or Federal source to support its required share of the project.

(f) All structures must comply with the State Uniform Construction Code Act, N.J.S.A. 52:27D-119et seq., and the rules promulgated thereunder, N.J.A.C. 5:23.

(g) In advance of submission of a grant application, the applicant must apply for any necessary approvals from the New Jersey Department of Environmental Protection, including the Historic Preservation Office, and other agencies, as applicable, and should provide evidence that application(s) have been made. A grant award is contingent upon the receipt of approvals from the above agencies, as appropriate.

(h) Certification by the applicant that the public library project will comply with all State and Federal laws, codes, statutes, rules, and government guidelines, including prevailing wage and labor laws, and the principles of affirmative action and equal opportunity, where applicable. All New Jersey labor laws and rules shall be adhered to, when applicable.

(i) All contracts shall be awarded to the lowest responsible bidder on the basis of open competitive bidding, as specified in the Local Public Contracts Law, N.J.S.A. 40:11-1et seq., unless exempt from the public bidding process under that law.

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

N.J. Admin. Code § 15:24-2.7

Adopted by 51 N.J.R. 1610(a), effective 11/4/2019