N.J. Admin. Code § 19:34-3.6

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

Section 19:34-3.6 - Ownership of site

(a) Upon the obtaining of all necessary approvals required for the acquisition of a site, the Authority shall take all steps necessary, including condemnation, required to take title to the site.

(b) The Authority may, at its option, take title in its own name, or the site shall be conveyed directly to the SDA school district.

(c) If the Authority conveys title to the SDA school district prior to close out of the school facilities project on the site, the district shall agree to permit the Authority access to the site by way of ground lease or other form of right of entry as appropriate to undertake preconstruction activities and school facilities project(s) on the site.

(d) Any site funded by the Authority pursuant to this chapter shall contain a reverter that if the site is not used for a school facility as defined under the Act, ownership of and title to the land together with the school facility on the site funded under the Act, will revert to and the title thereof shall vest in the Authority. The district shall execute any documents including, but not limited to, a deed of conveyance necessary to accomplish such reversion. If applicable, the district shall also comply with the requirements for Department approval of the disposal of land and/or the closing of a school facility, pursuant to N.J.A.C. 6A:26-7.4 and 7.5.

(e) After such time as the SDA school district becomes the owner of the site, it shall execute any documents required of owners by NJDEP rules. In the event that the NJDEP approved remediation includes an engineering control and/or the recording of a deed notice, then the Authority shall prepare the deed notice, which shall be signed by the district as the ultimate owner of the site. The district shall comply with the conditions of the deed notice which may be imposed by the NJDEP, including, but not limited to, periodic inspection of engineering controls placed on the site and submission of reports to the NJDEP.

N.J. Admin. Code § 19:34-3.6

Amended by R.2009 d.14, effective 1/5/2009.
See: 40 N.J.R. 4735(a), 41 N.J.R. 295(a).
Section was "Ownership of land". Substituted "Authority" for "Corporation" throughout; in (b), substituted "Authority may" for "Corporation shall" and inserted "SDA school"; deleted former (c); recodified former (d) and (e) as (c) and (d); in (c), substituted "site" for "land" three times and "preconstruction" for "pre-development" and inserted "SDA school"; in (d), inserted "ownership of and title to" and substituted "site" for "land" preceding "funded under"; and added new (e).