N.J. Admin. Code § 19:34-1.2
"Abbott district" means a school district as defined in section 3 of P.L. 1996, c. 138 (N.J.S.A. 18A:7F-3). P.L. 2007, c. 260 deleted the term "Abbott district" from the Act, and replaced it with "SDA district."
"Act" means the Educational Facilities Construction and Financing Act, P.L. 2000, c. 72 (N.J.S.A. 18A:7G-1 et seq.), as amended, and P.L. 2007, c. 137.
"Approved preconstruction activity" means a preconstruction activity submitted to the Department for approval and approved by the Department, pursuant to N.J.A.C. 6A:26-3.9.
"Architectural pre-design and programming" means the preliminary drawing of the school facility on a site or proposed site, showing how the facility, including the programmatic model for the facility, will fit on the site with all ancillary and accessory uses (parking, recreation, etc.), which may be submitted to the local planning board, pursuant to N.J.S.A. 40:55D-1 et seq.
"Authority" or "Development Authority" or "SDA" means the New Jersey Schools Development Authority, an entity which undertakes and funds school facilities projects under the Act and which is the entity formed pursuant to P.L. 2007, c. 137, as successor to the New Jersey Schools Construction Corporation.
"Authority" or "SDA" means the New Jersey Schools Development Authority, established pursuant to section 3 of P.L. 2007, c. 137 (N.J.S.A. 52:18A-235et seq.), the successor entity to the New Jersey Schools Construction Corporation. The Authority is statutorily charged with undertaking and funding school facilities projects, pursuant to the Act.
"Boundary survey" means the research of deeds, easement, utility records, title reports, fieldwork, including precision survey measurements, and preparation of maps and plans which accurately measure the boundaries of a parcel of land proposed for a school facilities project, in accordance with the "Minimum Standard Detail Requirements for American Land Title Association/American Congress on Surveying and Mapping (ALTA/ACSM) Land Title Surveys," (2011), available at www.alta.org/forms/download.cfm?formID=338&type=word, which requirements are incorporated herein by reference, as amended and supplemented.
"Capital maintenance project" means a school facilities project intended to extend the useful life of a school facility, including up-grades and replacements of building systems, such as structure, enclosure, mechanical, plumbing and electrical systems.
"Commissioner" means the Commissioner of Education.
"Consultant" means a consultant, including a design consultant and a site consultant, engaged by the Authority for an approved preconstruction activity providing professional services associated with research, development, design, engineering and construction administration, alteration, or renovation of real property, as well as incidental services that members of these professions and those in their employ may logically or justifiably perform. A consultant may provide services including studies, investigations, surveys, evaluations, consultations, planning, programming, conceptual designs, plans and specifications, cost estimates, construction management, inspections, shop drawing reviews, preparation of operating and maintenance manuals, and other related services. There may be one or more consultants engaged by the Authority for an approved preconstruction activity.
"Corporation" or "SCC" means the New Jersey Schools Construction Corporation, the predecessor to the Authority, abolished by P.L. 2007, c. 137, which was the entity formed by the New Jersey Economic Development Authority pursuant to N.J.S.A. 34:1B-159 to carry out the New Jersey Economic Development Authority's responsibilities under the Act, except the power to incur indebtedness.
"DCA" means the New Jersey Department of Community Affairs.
"Demolition services" means the removal of asbestos and hazardous building materials, such as lighting fixtures and thermostats containing mercury, air conditioning units containing chlorofluorocarbons (CFCs) and light ballasts containing PCBs, followed by the razing of existing structures and removal of building foundations not beneficial to the construction of the proposed school facilities project, disposal of demolition debris and the backfill of the demolition area with fill suitable for unrestricted residential use and the removal of underground storage tanks and associated remediation of soil impacted by a discharge from the tank.
"Department" means the New Jersey Department of Education.
"Design consultant" means an architect or engineer or other consultant that undertakes design work and/or construction administration services in connection with a school facilities project pursuant to a design consultant contract.
"Design work" or "preconstruction design work" means design work performed by a design consultant in preparation of a school facilities project, pursuant to N.J.S.A. 18A:7G-5, and may include design work in connection with land acquisition, site investigation, demolition services and preparation of the drawings required for submission of a school facilities project application or for temporary facilities educational adequacy approval.
"District" or "school district" means a local or regional school district established pursuant to chapter 8 or chapter 13 of Title 18A of the New Jersey Statutes, a county special services school district established pursuant to article 8 of chapter 46 of Title 18A of the New Jersey Statutes, a county vocational school district established pursuant to article 3 of chapter 54 of Title 18A of the New Jersey Statutes, and a school district under full State intervention pursuant to P.L. 1987, c. 399 (N.J.S.A. 18A:7A-34 et seq.).
"Environmental preliminary assessment" means the information gathering required by N.J.A.C. 7:26E-3, entailing historical record search and review and non-invasive analysis of a site to identify all potentially contaminated areas of concern at the site and to determine an appropriate environmental site investigation scope of work to characterize the soil and groundwater conditions.
"Environmental screening report" means the report required to be submitted to the NJDEP for assessing the likelihood of obtaining the various environmental, historical and cultural, land use approvals and permits relevant to a proposed school site.
"Environmental site investigation" means an invasive analysis of the site, involving soil and/or groundwater sampling as well as laboratory analysis, to determine if any contaminants are present at the site above the applicable unrestricted use remediation criteria or if any remediation or any further remediation is required, and shall comply with the requirements for site investigation set forth in N.J.A.C. 7:26E-3.
"E.O. 215" means the 1989 Executive Order requiring State agencies to assess the environmental impacts of new construction projects that exceed certain cost thresholds and that are either initiated by the State or funded by the State.
"Estimated school facilities project costs" means an estimate prepared by the Corporation of the cost of a school facilities project done prior to submission of a school facilities project application for purposes of determining the delegation threshold pursuant to section 13(a) of the Act, prior to August 6, 2007, when P.L. 2007, c. 137 eliminated the threshold.
"Feasibility study" means a study undertaken with respect to a school facilities project proposed in a district's approved LRFP to determine if it is achievable in view of possible factors identified that may influence the project's design or construction, including, but not limited to, applicable Federal, State and local laws, physical site conditions, market conditions, costs and benefits. A feasibility study may include, but is not limited to, boundary and topographical surveys, geotechnical and preliminary architectural design studies, evaluation of land use requirements to meet educational adequacy needs, evaluation of community relocation and displacement requirements of the project, adequacy of utilities such as water supply, sewerage, power and gas, evaluation and quantification of environmental quality issues, development of appropriate specifications for environmental exposure pathway controls and site remediation, evaluation of traffic impacts related to the school, compatibility of neighboring land uses, impacts to the local community and the evaluation and definition of preservation needs for historical buildings and culturally significant resources. It shall also entail the obtaining of data, documentation, statements, reports, permits and other material needed to satisfy any required approvals for the acquisition or use of land. A feasibility study may also consist of a pre-construction evaluation to determine whether, because of health and safety, efficiency, or cost, it would be more feasible to replace rather than renovate a school facility.
"Final eligible costs" means for a school facilities project to be constructed by the Authority, the final eligible costs of the school facilities project as determined by the Commissioner, in consultation with the Authority, pursuant to section 5 of the Act.
"Geotechnical investigation" means the investigation of subsurface soil and geologic conditions, such as groundwater conditions and depth to bedrock, to determine the impact of such conditions on construction costs, and adequacy of foundation support for the proposed building, and the suitability of the site for the proposed building.
"Land-related design work" means the preliminary design work required for the acquisition of vacant or improved land, the acquisition of land with existing school or other facilities, or the use of district-owned land for the construction of a school facilities project, such as architectural pre-design and programming, or existing building evaluations.
"Local share" means the total costs of the school facilities project less the State share as determined pursuant to section 5 of the Act.
"Long-range facilities plan" or "LRFP" means the plan required to be submitted to the Commissioner by a school district pursuant to N.J.S.A. 18A:7G-4 and N.J.A.C. 6A:26-2, and an "approved LRFP" is an LRFP approved by the Commissioner pursuant to N.J.S.A. 18A:7G-4 and N.J.A.C. 6A:26-2.
"New Jersey Department of Environmental Protection" or "NJDEP" means the department established within the Executive Branch of State government charged with the following responsibilities, among others, for the public good:
1. To formulate comprehensive policies for the conservation of the natural resources of the State;
2. To promote environmental protection;
3. To apply its regulatory authority in a manner that is consistent with the intent and findings of all applicable statutes; and
4. To prevent adverse impacts to natural, cultural, historical and scenic resources of the State.
"NJDEP" means the New Jersey Department of Environmental Protection.
"NJEDA" means the New Jersey Economic Development Authority established pursuant to P.L. 1974, c. 80 (N.J.S.A. 34:1B-1 et seq.).
"Other district required to use the Corporation" means a district other than an SDA school district required to use the Corporation for the construction of school facilities projects, as follows: a district whose district aid percentage is equal to or greater than 55 percent or a district directed by the Commissioner to enter level II monitoring pursuant to the provisions of section 14 of P.L. 1975, c. 212 (N.J.S.A. 18A:7A-14). As of August 6, 2007, such districts are no longer required to use the Authority to undertake their school facilities projects.
"Preconstruction activities" means the activities that must be undertaken prior to submitting a school facilities project application to the Department for approval and calculation of preliminary eligible costs. Such activities may include site identification, investigation, and acquisition, demolition services, feasibility studies, design work, land-related design work and acquisition of temporary facilities, as set forth in this chapter and in N.J.S.A. 18A:7G-5d(2) and N.J.A.C. 6A:26-3.9.
"Preliminary project report" means the report that the Department prepares for the Authority after approving a school facilities project application containing the preliminary eligible costs and other project information, pursuant to N.J.A.C. 6A:26-3.5(b).
"PSCL" means the Public School Contracts Law, N.J.S.A. 18A:18A-1 et seq., together with all applicable rules and guidance issued by DCA and the Department in connection with N.J.S.A. 18A:18A-1 et seq.
"Remediation" means all necessary actions to clean up or respond to any known, suspected, or threatened discharge of contaminants at the site that may be required to protect public health, safety, and the environment. Remediation may include the removal, treatment, containment, transportation, securing, or other engineering measures at the site designed to ensure that any contamination at the site is remediated in compliance with the applicable remediation health risks or environmental standards.
"School facilities project" means the planning, acquisition, demolition, construction, improvement, alteration, modernization, renovation, reconstruction, or capital maintenance of all or any part of a school facility or of any other personal property necessary for, or ancillary to, any school facility, and shall include fixtures, furnishings, and equipment, and shall include, but is not limited to, site acquisition, site development, the services of design professionals, such as engineers and architects, construction management, legal services, financing costs and administrative costs and expenses incurred in connection with the project.
"School facilities project application" means an application submitted by a district for approval of a school facilities project pursuant to N.J.A.C. 6A:26-3.2.
"SDA school district" or "SDA district" means a school district that received education opportunity aid or preschool expansion aid in the 2007-2008 school year, as defined at P.L. 2007, c. 260, §39.
"Section 13(a) delegation agreement" means the grant agreement between the Authority and an SDA school district by which the Authority funds the State share in connection with a proposed capital maintenance project delegated by the Authority to be undertaken by an SDA school district, pursuant to section 13(a) of the Act and N.J.A.C. 19:34A.
"Section 13(a) delegation limit" means the eligible cost limit, established by section 13(a) of P.L. 2000, c. 72, for a school facilities project to be eligible for delegation by the Corporation to the district, which applied to section 13(a) grant agreements executed prior to August 6, 2007, and which delegation cost limit was abolished by P.L. 2007, c. 137.
"Site consultant" means a consultant engaged to undertake site feasibility and/or site investigatory work, plans and specifications for demolition and/or oversight of remediation, but shall exclude design work, in connection with a land acquisition for a school facilities project.
"State Comptroller" means the Office of State Comptroller, created pursuant to P.L. 2007, c. 52, in, but not of, the State Department of the Treasury, which is responsible for financial auditing; performance and management reviews; and reviewing the contract procurement process of the Executive Branch of State government, independent State authorities, public institutions of higher education, units of local government and boards of education.
"State share" means the State's proportionate share of the final eligible costs of a school facilities project. For the SDA school districts, this equals 100 percent of the final eligible costs of a school facilities project.
"Topographic survey" means the detailed mapping or description of the relief features or a surface configuration of a parcel of land, pursuant to the "Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys" (see definition of "boundary survey" above).
"Traffic study" means a study of the existing traffic conditions in the immediate vicinity of the proposed school site and determination of the surrounding area(s) of impact from the proposed school facilities project. The background analysis may include, but is not limited to, traffic counts, intersection movement studies and other site specific traffic engineering tasks. The determination of the impact may include, but is not limited to, trip generation analysis, air quality analysis at intersections, and the study of parking requirements. The traffic study shall be performed by or under the supervision of a licensed engineer with expertise in traffic analysis.
"Utility investigation" means the research and field investigations performed by the consultant to determine whether or not the existing utility infrastructure is adequate to support the proposed school facilities project. The determination of whether or not public water, sanitary sewer, electric or other utilities are reasonably available in sufficient capacity to service the proposed school facilities project is critical to evaluating whether the site is viable for that purpose.
"Wetland investigation" means the evaluation of wetland area to determine the net developable area of a specific proposed school site. A wetland area is a land form, containing soil, groundwater and vegetation, which provides a critical habitat for sustaining wildlife species, and is therefore, a constraint on land use. The wetland area must be identified, delineated and mapped prior to the design of a school facilities project and associated site improvements. This investigation is typically performed by consultants trained in wetlands biology and certified by the New Jersey Department of Environmental Protection and the U.S. Army Corps of Engineers.
N.J. Admin. Code § 19:34-1.2