N.J. Admin. Code § 7:22-6.9

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:22-6.9 - Notice of project eligibility

(a) The Department shall send a Notice of Project Eligibility to those local government units whose projects rank high enough on the Pinelands Infrastructure Trust Fund List to receive funds. The Department as directed by the Pinelands Commission reserves the right to send a Notice of Project Eligibility to the next highest ranked project(s) outside the fundable range to act as contingency project(s) should the project(s) within the fundable range not proceed as planned. This notice shall not constitute an obligation to provide Pinelands Infrastructure Trust funding for the project. The Notice of Project Eligibility may not be sent to any local government unit who is in current default on any State loan. However, unless the Department determines that repayment of the defaulted loan will be received, a Pinelands grant or loan agreement will not be executed between the Department and the local government unit.

(b) Local government units receiving a Notice of Project Eligibility shall notify the Department within 45 days of receipt as to their intent to proceed with the project and shall submit to the Department a complete application in conformance with N.J.A.C. 7:22-6.11 within the time period specified in the Notice of Project Eligibility. Failure of the local government unit to respond to the Notice of Project Eligibility within 45 days shall be interpreted as a decision by the local government unit to not apply for Pinelands Infrastructure Trust funding at this time and may result in that project being bypassed on the Pinelands Infrastructure Trust Funding List. Failure to submit the complete application within the time period specified in the Notice of Project Eligibility shall result in the Department's disapproval of the local government unit's loan application unless the Department, at its discretion approves, for good cause, an extension to this period.

(c) Written notice of a bypass or disapproval action shall be sent to the local government unit. As a result of such an action, the project shall be bypassed on the Pinelands Infrastructure Trust Funding List which may allow the next highest ranked contingency project to be within the fundable range on the Pinelands Infrastructure Trust funding list. A bypassed or disapproved project shall remain on the funding list and its priority shall remain the same.

N.J. Admin. Code § 7:22-6.9