N.J. Admin. Code § 19:34-3.5

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

Section 19:34-3.5 - Site acquisition approvals

(a) Following a feasibility study, land-related design work, site investigation, and consultation, as applicable, the Authority shall determine whether or not to acquire the site. The criteria for the Authority's decision shall include the following considerations:

1. Cost and schedule impacts: adjustments to overall project schedule, complexity of land acquisition or fair market value considerations;

2. Significant site location 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. 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. 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.

(b) If the Authority determines to acquire the site, the Authority shall submit the architectural pre-design and programming, or, in the case of a contemplated design-build school facilities project pursuant to N.J.A.C. 19:36, a conceptual design, to the local planning board, pursuant to N.J.S.A. 40:55D-31, and obtain the approvals, reports and statements required by the Department prior to the submission of an application for approval of the acquisition of the site to the Department.

(c) The Authority shall undertake title review and appraisal of the site.

(d) The Authority shall undertake any submissions required to the New Jersey Department of Environmental Protection, pursuant to E.O. 215 (1989).

N.J. Admin. Code § 19:34-3.5

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