N.J. Admin. Code § 19:34-3.2

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

Section 19:34-3.2 - Site identification

(a) If the preconstruction activities to be undertaken by the SDA include site acquisition, prior to the submission by an SDA school district of an application to the Department for approval of preconstruction activities, the board of education of the district and the governing body of the municipality in which the district is situated shall jointly submit to the Commissioner and the Authority a complete inventory of all district- and municipal-owned land located in the municipality. The school district shall separately identify and provide to the Authority an inventory of any privately-owned sites that it is considering as potential school sites. The inventory shall include a map of the district showing the location of each of the identified parcels of land. If the contemplated school facilities project necessitates a property acquisition to augment an already-selected project site, the inventories of district-owned and municipal-owned land, and the inventory of privately-owned land shall be confined to parcels adjoining, adjacent, or in functional proximity to the already-selected project site to be expanded or augmented.

(b) The board of education and the governing body of the municipality shall together provide a written analysis to the Authority concerning each district- or municipal-owned site, or privately-owned site, identified pursuant to (a) above explaining whether it is suitable for a school facilities project identified in the district's long range facilities plan. The written analysis of the publicly- and privately-owned sites identified shall include the information in (b)1 through 4 below, if applicable, as follows:

1. Cost and schedule impacts: adjustments to overall project schedule, complexity of land acquisition or fair market value considerations. This shall include cost estimates based on the assessed valuation multiplied by the current municipal equalization ratio;

2. Significant site location, size and improvement considerations: constructability, community impacts related to construction and time to implement, compatibility of neighboring land uses, overall revitalization and economic development and open space plans, proximity of public transportation and relocation and displacement impacts;

3. Known significant infrastructure considerations: sufficiency of water supply (drinking and fire) and sewerage capacity, traffic impacts, including road widening and partial takings and utility relocation; and

4. Known significant environmental considerations: technical impracticability of remediation, environmental quality impacts (soil and groundwater), historic and cultural resources, compatibility with neighboring land uses, wetlands, stream encroachment, endangered species and Green Acres encumbrances.

(c) In order to promote community participation during the various phases in the development of school facilities projects, the Authority encourages SDA school districts to host a community advisory committee, which may be composed of, but not limited to, a broad range of interested parties, such as parents and teachers, business and community leaders, school administrators and board members, land use planners and engineers and government officials. The SDA school district is encouraged to provide the members of the community advisory committee with the written analysis provided for under (b) above, and subsequent to the Department's approval of site acquisition preconstruction activities, the information provided to the SDA pursuant to (f) below.

(d) The Authority shall review the analysis provided by the district and/or municipality regarding district- and municipal-owned sites, and any privately-owned sites identified by the school district, and determine, in consultation with the Commissioner, whether any of the sites so analyzed should be excluded from further consideration, or if one or more of these sites should be submitted by the district to the Commissioner for his or her consideration of preconstruction activities to determine its suitability as a site for a proposed school facilities project. In making such determinations, the Authority, in accordance with its planning authority under the Act, may obtain information from a wide range of sources including, but not limited to, commercial database reports of environmental and historical land use information concerning potential school sites.

(e) After the SDA school district's receipt of the Authority's written determination concerning the suitability of publicly-owned and privately-owned land identified pursuant to (d) above, the district shall be responsible for identifying from one to three sites in its application to the Department for site acquisition preconstruction approval.

1. The basis for the site search area is a district's five-year Long Range Facilities Plan approved by the Department, which projects the educational needs by attendance area and future school populations. Using this plan, the site search should be conducted in the appropriate attendance area.

2. Districts shall identify prospective school sites within the attendance area of a school facilities project from the following types of properties, in order of priority, as follows:

i. District owned land;

ii. Municipal owned land;

iii. Other government owned land, such as that owned by a parking authority, housing authority, redevelopment agency or county;

iv. Undeveloped land;

v. Privately developed light industrial or commercial land; and

vi. Privately owned residential land.

3. The SDA school district shall submit an application for approval of preconstruction activities to the Department, and a copy to the Authority, which shall be accompanied by:

i. An endorsement of the sites by an authorized representative of the community advisory committee, if such committee has been created by the SDA school district pursuant to (c) above, provided such committee has held a public hearing to receive input from members of the public regarding the prospective school sites identified by the district, pursuant to (e)2 above; and

ii. A statement signed by the district board of education president and chief school administrator indicating that a special board of education meeting has been held by the school district concerning the sites that have been selected for submission to the Department for preconstruction approval.

(f) Upon receiving a copy of the SDA school district's application to the Department for approval of preconstruction activities, the Authority may obtain information from a wide range of sources, including commercial database reports of environmental and historical land use information, concerning potential school sites and communicate its findings to the SDA school district and the Department. After the Authority receives a copy of the Department approval of site acquisition preconstruction activities for a school facilities project, indicating from one to three sites identified by the SDA school district for a school facilities project, the SDA school district shall provide to the Authority, and if applicable, to the SDA school district's community advisory committee created pursuant to (c) above, the items in (f)1 through 11 below.

1. A district board of education resolution authorizing the preconstruction activities;

2. Lot and block numbers and addresses of all parcels under consideration for the proposed site;

3. A description and photographs of the proposed site, including any existing improvements on the site;

4. A map of the district showing location of the land and the location of existing schools in the district;

5. A map showing the attendance area to be served by the school and the number of students who reside therein;

6. Data regarding the impact of the acquisition upon racial balance within the district's public schools;

7. The district and Department-approved school programmatic model;

8. An assessment of water and sewer infrastructure availability and addressing service and treatment capacity for the proposed school facilities project;

9. The current municipal zoning and/or redevelopment plans concerning the properties under consideration, tax map, master plan and applicable redevelopment plan(s);

10. To the extent available, any prior engineering, architectural and/or environmental reports (for example, geotechnical evaluations, building evaluations and/or environmental preliminary assessment); and

11. To the extent available, in the case of acquisition of land with an existing facility, any as-built documents for an existing facility proposed to be rehabilitated.

(g) After the Authority receives a copy of the Department approval of site acquisition preconstruction activities for a school facilities project, the Authority shall convene a working group to undertake, among other tasks, preliminary evaluation of the suitability of a proposed site(s) based on the information provided by the SDA school district, pursuant to (b) and (f) above, any additional information, including commercial database searches undertaken with respect to the approved sites, and an initial site review undertaken pursuant to N.J.A.C. 19:34-3.3(c). The working group shall consist of appropriate staff of the SDA and DOE and an SDA school district official, and may include an SDA environmental consultant, an authorized member of the SDA school district's community advisory committee, if applicable, and other experts and/or specialists, as determined by the Authority.

(h) In the event that none of the sites identified by the SDA school district and approved by the Department for preconstruction activities is determined by the Authority to be available or suitable for acquisition as a school site, the Authority may require the SDA school district to undertake the task of identifying an additional site or sites. Such undertaking may involve matching the programmatic model for the school in the district's long-range facilities plan with alternative sites.

N.J. Admin. Code § 19:34-3.2

Amended by 48 N.J.R. 1385(a), effective 7/5/2016