N.J. Admin. Code § 15:24-4.1

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

Section 15:24-4.1 - Application procedures

(a) An application for a construction, rehabilitation, or renovation grant under this chapter shall be on the official form, available from the New Jersey State Library and shall include the following:

1. A complete description of the project to be financed with a grant;

2. A cost estimate and cost data for the project, along with identification of all sources of funding to be used for any cost not funded by the grant and a statement of proration of eligible costs, if applicable;

3. The estimated schedule for construction and completion of the project, including cash flow requirements;

4. The useful life of any project, including equipment, as determined either by reference to the Internal Revenue Service's Class Life Asset Depreciation Range System set forth in Revenue Procedure 87-56, as amended, supplemented, or superseded or by appraisal of any independent engineer or accounting firm licensed in the State of New Jersey, as appropriate;

5. Requisite resolutions, including a bond ordinance or resolution of intent to provide funding pursuant to N.J.A.C. 15:24-5.2(b);

6. A building program and community analysis pursuant to N.J.A.C. 15:24-2.4(a);

7. Project schematic plans, which include a site plan, elevations, and floor plans;

8. A legal description of the project site and a copy of the deed or, if the application includes acquisition of property, evidence of intent to purchase real property pursuant to N.J.A.C. 15:24-2.7(a)4;

9. The applicant's certification of compliance with minimum criteria for receipt of State Library Aid pursuant to N.J.A.C. 15:24-2 or a justification for not meeting the minimum criteria;

10. Certification, from an architect, as to the project's suitability for the rehabilitation or purchase of a library building pursuant to N.J.A.C. 15:24-2.7(e);

11. A statement of intent from an architect that the project design aspires to meet Leadership in Energy and Environmental Design (LEED) silver level or higher certification, when applicable , or a listing of Green design elements in the proposed project;

12. A statement of intent from an architect that states the project design intends to meet WELL certification standards for improving human health and well-being in buildings, when applicable;

13. A statement of compliance with State and Federal rules regarding State and Federal minimums for providing barrier-free access;

14. A certification by the applicant that the project will comply with all applicable laws, rules, codes, and government guidelines; including the principles of affirmative action and equal employment opportunity, where applicable, and mandatory New Jersey labor laws, the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., and the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq., and the rules promulgated thereunder; and

15. Proof of submission for any necessary approvals from the New Jersey Department of Environmental Protection, including the Historic Preservation Office, and other agencies, as applicable.

(b) An application for the repair of a public library building shall be on the official form, available from the New Jersey State Library. The application will consist of an explanation of the need for the repair(s), a full description of the repair(s) and a drawing or schematic, a proposed timeline for the completion of the repair(s), and a cost estimate.

(c) All applicants will certify that they have, or will have, the necessary required matching funds pursuant to N.J.A.C. 15:24-2(c).

(d) An application shall be made by the governing body charged with the responsibility for the establishment and maintenance of the public library (board of trustees or county library commission, or county board of chosen freeholders, as appropriate).

(e) If a public library facility is to be constructed by a municipality with the provision that it be equipped, stocked, staffed, or supported by a public library outside of that municipality (for example, a municipally constructed building that will be operated by a county library as a branch library), the application shall be in the name of the municipality. The application shall be signed by the mayor or chief financial officer and cosigned by an officer of the governing body of the library that is providing services.

(f) For applications not submitted under (e) above, the person authorized to submit the application shall be an officer of the governing body named as the 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.

(g) Any substantial changes or revisions affecting the application, after the application is submitted, including any structural changes in the building plans, shall be submitted, on the appropriate forms, to the State Librarian and the President for approval. Should the request for substantial change or revision receive approval, the application shall continue in the review process. Should the request for approval of the substantial change or revision be denied, the applicant's original submission shall stand unless withdrawn by the applicant.

(h) Any substantial changes to a project after a grant is made shall be submitted, by a method as prescribed by the State Librarian, to the State Librarian and the President. The initial substantial changes to a project request form will be made available on the New Jersey Library Construction Bond Act page of the New Jersey State Library website, and such additional forms as the State Librarian requires the applicant to complete will be provided to the applicant individually. The State Librarian and the President may request meeting(s) with the applicant, the architect, and others associated with the project, as necessary. The State Librarian and the President shall approve or deny the proposed substantial change(s), in part or in whole, following review and analysis of the materials submitted by the grant recipient; provided, however, that where the proposed substantial changes require the reallocation of any funds appropriated by the Legislature and allocated to the projects, the approval of the Joint Budget Oversight Committee shall also be required in accordance with the Bond Act. Approval of the substantial changes to a project or changes to the amount of a project grant are necessary in order for the grant recipient to proceed.

(i) Approval of the project must be given by the President and funds appropriated by the New Jersey Legislature before any funds are allocated to the project.

(j) If the bonds issued to fund a grant are issued on a tax-advantaged basis, including tax-exempt bonds, then in order to receive project grant funding for expenses incurred before such bonds are issued, such expenses must be "reimbursable" from bond proceeds under applicable Federal tax law.

N.J. Admin. Code § 15:24-4.1

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

Amended by 55 N.J.R. 2142(b), effective 10/2/2023