N.J. Admin. Code § 19:31Z-1.4

Current through Register Vol. 56, No. 12, June 17, 2024

Section 19:31Z-1.4 - Program application requirements

(a) In each State fiscal year for which there are tax credits available for the Program, the Authority shall establish the date for the availability of the application and the date by when applications must be submitted. The Authority shall provide prior public notice of these dates through its website.

(b) Each application to the Authority, made by a developer, shall include the following information:

1. The name of the developer and the names of any affiliates;

2. The name of the redevelopment project, as used in all applicable documents, and the address of the brownfield site, including multiple addresses, if applicable;

3. The contact information of the person identified as the primary contact for the developer;

4. The address of the developer and prospective future address of the developer, if different;

5. Organizational structure of the developer, including all affiliates;

6. The developer's New Jersey tax identification number;

7. The developer's Federal tax identification number;

8. The name and organizational structure of the owner of the site of the redevelopment project;

9. The name and contact information of the Licensed Site Remediation Professional for the redevelopment project;

10. If applicable, the name and contact information of the appropriately licensed or certified professional(s) for the redevelopment project, the basis for qualification of the licensed or certified professional(s) for the relevant remediation activities, and a copy of the corresponding license(s) or certification(s);

11. The total projected number of construction employees and permanent employees at the redevelopment project;

12. The location and description of the brownfield site, including, but not limited to: a narrative description of the brownfield site, a map or aerial photograph clearly indicating the boundaries and location of the brownfield site, and the lot and block number, or other description of the property, as required by the Authority;

13. An appraisal of as-is value of the brownfield site, if remediated;

14. A narrative explaining the level of experience and qualifications of the developer and project team, which shall demonstrate sufficient expertise to complete the redevelopment project, including, but not limited to, examples of successful completion of projects of similar size and scope;

15. A narrative description of the redevelopment project, including, but not limited to: the approach to the redevelopment project, proposed remediation methods for addressing known contamination and hazards, and contingency plans for addressing additional contamination or hazards that may be discovered during implementation of the redevelopment project;

16. An estimate and breakdown of the remediation costs, and the total cost of remediation;

17. Remediation plans, including drawings. All plans shall be prepared by a Licensed Site Remediation Professional or, in the case of remediation that is not subject to the Site Remediation Reform Act, sections 1 through 29 at P.L. 2009, c. 60 (N.J.S.A. 58:10C-1 et seq.), by an appropriately licensed or certified professional;

18. An anticipated redevelopment project schedule showing project milestones;

19. The financial information of the redevelopment project, including, but not limited to: any Federal, State, or local financial assistance for the redevelopment project; proposed terms of financing; purchase contract agreement for the brownfield site; and projected reasonable and appropriate return on investment;

20. A list of all of the New Jersey Department of Labor and Workforce Development, Department of Environmental Protection, and Department of the Treasury permits and approvals or obligations and responsibilities with which the developer is associated or in which the developer has an interest. The list shall identify the entity that applied for, or received, such permits and approvals, or has such obligations and responsibilities, by identifying program interest numbers, licensing numbers, or the equivalent. The developer shall also submit a written certification by the chief executive officer, or equivalent officer for North American operations, of the developer stating that the developer applying for the Program satisfies the criteria at N.J.A.C. 19:31Z-1.6(d) to be in substantial good standing with the Department of Labor and Workforce Development, the Department of Environmental Protection, and the Department of the Treasury;

21. A certification by the chief executive officer, or equivalent officer for North American operations, of the developer that the officer has reviewed the application information submitted and that the representations contained therein are true, correct, and accurate under the penalty of perjury;

22. A completed legal questionnaire disclosing all relevant legal matters in accordance with the Authority's debarment and disqualification rules at N.J.A.C. 19:30-2;

23. Submission of a tax clearance certificate, pursuant to P.L. 2007, c. 101 (N.J.S.A. 54:50-39);

24. A list of all the development subsidies, as defined at P.L. 2007, c. 200 (N.J.S.A. 52:39-1), that the developer is requesting or receiving; the name of the granting body; the value of each development subsidy; and the aggregate value of all development subsidies requested or received;

25. The status of control of the brownfield site and any agreements that provide a right of access to the developer or an affiliate to perform and complete the redevelopment project. If the developer has not secured access to the site at the time of application, an agreement with the current owner of the site evidencing an intent or obligation to provide the necessary right of access to complete the redevelopment project, including, but not limited to, a letter of intent;

26. A description of the zoning applicable to the brownfield site and a list and status of all required Federal, State, and local government permits and local planning and zoning board approvals that have been issued for the redevelopment project or will be required to be issued pending resolution of financing;

27. A description of how the minimum environmental and sustainability standards are to be incorporated into the proposed redevelopment project, including use of renewable energy, energy-efficient technology, and non-renewable resources in order to reduce environmental degradation and encourage long-term cost reduction;

28. As applicable, the most recent draft or final Site Investigation Report, and/or the most recent Asbestos Containing Materials Survey, Universal Waste Survey, Lead Based Paint Survey, Pre-Demolition Survey, or other similar report, study, or document describing the documentation required by the Authority or the Department;

29. To be scored on the factor at N.J.A.C. 19:31Z-1.6(b)3, for the entity or entities in the developer's ownership structure that will have direct or indirect control over the actions by the developer to undertake the redevelopment project, information on the diversity of the owners and board of directors (or partners or members if no board of directors exist), which shall include certification as to the membership in a diverse group for all applicable owners and directors (or partners or members, as appropriate); the percentage of ownership held by each diverse owner; and an explanation on how the current board of directors (or partners or members, as appropriate) and owners are diverse and representative of the community in which the redevelopment project is located based on governmental data, including, but not limited to, the most recently available census data; and

30. Any other necessary and relevant information as determined by the Authority or the Department for a specific application, including, but not limited to, information needed to: complete project financial review, to assess developer capacity, and to demonstrate that the developer or an affiliate is not responsible for the contamination at the site of the redevelopment project.

(c) The Authority may, in its sole discretion, consider two or more applications as one application for one redevelopment project based on factors including, but not limited to: the location of the redevelopment project(s), the types of uses proposed, and the developer's financing and operational plans.

(d) If circumstances require a developer to amend its application to the Authority, the developer, or chief executive officer, or equivalent officer for the North American operations of the developer, shall certify to the Authority that the information provided in its amended application is true, correct, and accurate under the penalty of perjury.

N.J. Admin. Code § 19:31Z-1.4

Recodified from 19:31-27.4 56 N.J.R. 807(a), effective 5/6/2024