N.J. Admin. Code § 19:34-3.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 19:34-3.3 - Feasibility studies and land-related design work

(a) After a site has been identified, and is approved by the Department for site-related preconstruction activities, the Authority shall undertake any feasibility studies or land-related design work necessary to determine whether to acquire the site or construct on the site.

(b) The feasibility studies relevant to site acquisition or to the use of district-owned land for the construction of a school facilities project may consist of a cost comparison of rehabilitation of an existing school facility, conversion of a facility, and the construction of a new school facility on a new site or some other basis for analysis. For example, the feasibility study may include a traffic study, which analyzes the existing traffic conditions in the immediate vicinity of the proposed school site, determines the surrounding area of impact from the proposed school facilities project, and is performed by a consultant who is a licensed engineer with expertise in traffic analysis. Land-related design work may consist of any of the architectural and engineering work required for the acquisition or use of vacant or improved land or land with existing school or other facilities, such as a architectural pre-design and programming.

(c) The Authority shall undertake an initial site review for each proposed school site approved by the Department for preconstruction services in order to determine whether to proceed with site feasibility services and to determine the scope of the feasibility services to be undertaken. The initial site review shall consist of recent aerial photographs of the proposed site and the surrounding area, a review of the site's historic property uses, surrounding area land uses, wetlands, flood plain information, land title information, as well as a commercially available database search of local, State and Federal environmental records to determine the potential suitability of the proposed site for a school facilities project.

(d) Based on the information provided by the SDA school district, pursuant to 19:34-3.2(b) and (f), the initial site review undertaken pursuant to (c) above, and any other relevant information, the Authority, in consultation with the members of the working group, shall determine whether to continue site feasibility services with respect to a proposed site and, if so, the scope of such feasibility services.

1. If the Authority determines that a proposed site is unavailable or unsuitable for acquisition or use as a school site, it shall terminate the feasibility study for that site, summarize in writing the reason(s) for the rejection of the site and proceed to undertake approved preconstruction activities on another site(s) identified by the school district.

2. If based on the initial site review, environmental and other development constraints are minimal; for example, the proposed site is predominantly residential without the need for substantial relocation, has no extraordinary infrastructure improvements, the site has a known historic use, remediation is limited, and the environmental regulatory involvement would have a minimal impact on project schedule and budget and would not impede the development of the property for a school, the Authority may undertake a streamlined process to acquire the site, which shall, at a minimum, consist of the completion of a preliminary assessment supported by such tasks as boundary surveys, title searches, relocation analysis, site feasibility concept plans, preliminary geotechnical investigations and utility evaluations, as well as additional tasks dependent on the site-specific circumstances of the school facilities project.

3. If, based on the initial site assessment, the Authority determines that significant infrastructure and environmental uncertainty remains and further environmental characterization is necessary to quantify development and remediation liability exposure, additional feasibility studies shall be undertaken in a process of increasingly more stringent investigations. Such feasibility studies shall ascertain a site's environmental quality and remediation requirements, extraordinary site development and infrastructure improvement needs, former property ownership, adequacy of water and sewerage, geotechnical conditions or potential title complications, or some other basis for analysis.

(e) For purposes of involving the community in the site selection process, an SDA school district is obligated, pursuant to its Educational Facilities Construction and Financing Act 13(c) Implementation Agreement executed by the school district and the Authority, to hold a public meeting of its board of education no later than 30 days from the date of its receipt from the Authority of the NJDEP's written comments to the environmental screening report (ESR) regarding a proposed school site. The ESR is a tool for assessing the likelihood of obtaining the various environmental, historical and cultural and land use approvals and permits relevant to the proposed site. The ESR alerts stakeholders that potential insurmountable technical and administrative obstacles may exist on a proposed school facilities project.

1. The district shall serve public notice of such meeting, including notice to the members of its community advisory committee, if created pursuant to 19:34-3.2(c), at least 20 days prior to the scheduled date of the public meeting.

2. The SDA shall assist the SDA school district and the community advisory committee on an as-needed basis in communicating the results of the ESR of a proposed school site.

(f) The scope of feasibility studies undertaken with respect to a proposed site will be dictated by the proposed location and the site-specific circumstances of the property under consideration. Recognizing that each proposed site is unique, the Authority shall utilize a process for increasingly detailed feasibility evaluations that provide for the rapid elimination of a proposed site where it is inappropriate for a school, and, conversely, expedited acquisition where a proposed site is suitable for a school facilities project.

(g) The Authority shall define the scope of the feasibility study, approve of the scope, and determine how and when the scope has been satisfied. If, in the course of a feasibility study, the Authority determines that the site is unavailable or unsuitable for acquisition or use as a school site, it may terminate the feasibility study for that site and proceed to have the Authority undertake approved preconstruction activities on another site identified by the school district. Alternatively, the Authority may proceed with feasibility studies on several sites concurrently and terminate the feasibility study for the site that the Authority determines is unavailable or unsuitable for acquisition or use as a school site.

N.J. Admin. Code § 19:34-3.3

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