N.J. Admin. Code § 7:36-14.1

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

Section 7:36-14.1 - Project agreement

(a) Each Green Acres development project shall have a project agreement, which shall be executed by the local government unit and the Department. The project agreement shall set out the rights and responsibilities of the local government unit and the Department in regards to the development project and shall contain all information identified in (c) below. A declaration shall be attached to the project agreement that includes the local government unit's ROSI and declares that all of the local government unit's funded and unfunded parkland are subject to the Green Acres restrictions.

(b) Green Acres shall send the project agreement and declaration to the local government unit for approval and signature after the funding award made under 7:36-13.3(b) has received legislative appropriation. The local government unit shall ensure that the project agreement and declaration are approved and signed by the local government unit's attorney, and executed by the person authorized under the resolution described at 7:36-12.4(a)2 or an updated resolution submitted by the local government unit.

(c) The project agreement shall contain:

1. A description of the project facility(ies) to be developed;

2. The declaration, that contains the Recreation and Open Space Inventory (ROSI) described at 7:36-12.5 as adjusted to correct any inaccuracies, if any, discovered by the local government unit or Green Acres;

3. The estimated cost of the development project;

4. The amount of the Green Acres funding award pursuant to 7:36-13.3(b) and, if applicable, the local government unit's matching share of the cost of the development project;

5. Special conditions, if any;

6. The project period during which the development project must be completed, generally two years from the effective date of the project agreement;

7. The requirements for recordkeeping, project administration, and, if the Green Acres funding includes a loan, loan repayment; and

8. Other terms and conditions, including a statement of the remedies described at (j) through (m) below and a statement of the requirements for maintenance, use, development, and disposal or diversion of parkland as described at N.J.A.C. 7:36-25 and 26.

(d) The local government unit shall return the signed project agreement and declaration to Green Acres. If the Green Acres funding includes a loan, the local government unit shall also submit verification that a bond ordinance, supplemental debt statement, and revised capital budget have been approved by the Department of Community Affairs.

(e) Upon receipt of the project agreement executed in accordance with (b) above, and, if applicable, the verification described at (d) above, the Department shall establish an account from which Green Acres shall disburse the loan or matching grant.

(f) After the project agreement has been fully executed by the State, Green Acres shall send to the local government unit a copy of the fully executed project agreement and declaration and a Development Payment Request form that the local government unit shall use to request a disbursement of funds under 7:36-14.5.

(g) The local government unit shall record and return to Green Acres the declaration contained in the project agreement after a disbursement of funding as required under 7:36-14.5(e).

(h) Green Acres may extend the project period established in the project agreement upon request, if the local government unit demonstrates that it is making a good faith effort to complete the project in an expeditious manner.

(i) The Department and the local government unit shall execute an amendment to the project agreement to reflect any supplemental funding provided under 7:36-14.3.

(j) In addition to any other rights or remedies available to the Department under law, if the local government unit does not comply with any of the requirements of the project agreement, this chapter, or the Green Acres laws, or if the local government unit makes any material misrepresentation in the project application and/or the documentation submitted in support of the application, the Department may take any of the following actions:

1. Issue a written notice of noncompliance directing the local government unit to take and complete corrective action within 30 days of receipt of the notice. If the local government unit does not take corrective action, or if the corrective action taken is not adequate in the judgment of the Department, then the Department may take any of the actions described at (j)2 through 5 and (k) below;

2. Withhold a matching grant or loan disbursement or portion thereof;

3. Order suspension of work on the project for a period of not more than 45 days after the date of the stop work order, unless the Department and the local government unit agree to an extension of that period;

i. A stop work order shall contain the reasons for the issuance of the stop work order, a clear description of the work to be suspended, instructions as to the issuance of further orders by the local government unit for materials or services, and suggestions for minimizing costs;

ii. Upon receipt of the stop work order, the local government unit shall immediately comply with the terms of the order and take all reasonable steps to minimize the incurring of costs allocable to the work covered by the order;

iii. The Department shall, within the period of the stop work order or any extension of it, either rescind the stop work order, terminate the work covered by the order, or authorize the resumption of work; and

iv. If the Department rescinds a stop work order or if the period of a stop work order or an extension of it expires, the local government unit shall promptly resume the suspended work. The Department shall, as necessary, make an equitable adjustment to the project period;

4. Terminate the project agreement; and/or

5. Demand immediate repayment of all Green Acres funding that the local government unit has received.

(k) If the local government unit fails to comply with any of the terms of the project agreement, this chapter, or the Green Acres laws, the Department may initiate suit for injunctive relief or to seek specific enforcement, without posting bond, it being acknowledged that any actual or threatened failure to comply will cause irreparable harm to the State and that money damages will not provide an adequate remedy.

(l) If the Department incurs legal or other expenses, including its own personnel expenses, for the collection of payments due or in the enforcement or performance of any of the local government unit's obligations under the project agreement, this chapter, or the Green Acres laws, the local government unit shall pay these expenses on demand by the Department.

(m) The Department is not required to mitigate any damages to the local government unit resulting from the local government unit's noncompliance with the terms of the project agreement, this chapter or the Green Acres laws.

N.J. Admin. Code § 7:36-14.1