N.J. Admin. Code § 7:22-7.7 - Real property

Current through Register Vol. 54, No. 7, April 4, 2022

(a) Allowable costs for land and rights-of-way include:
1. The cost (including associated legal, administrative and engineering costs) of land acquired in fee simple or by lease or easement of sewer right-of-ways, wastewater treatment plant sites, sanitary landfill sites and sludge disposal areas. These costs include:
i. The cost of a reasonable amount of land, considering irregularities in application patterns, and the need for buffer areas, berms, and dikes;
ii. The cost of land acquired for a soil absorption system for a group of two or more homes;
iii. The cost of land acquired for composting or temporary storage of compost residues which result from wastewater treatment;
iv. The cost of land acquired for storage of treated wastewater in land treatment systems before land application. The total land area for construction of a pond for both treatment and storage of wastewater is allowable if the volume necessary for storage is greater than the volume necessary for treatment. Otherwise, the allowable cost will be determined by the ratio of the storage volume to the total volume of the pond.
2. The cost of contracting with another public agency or qualified private contractor for part or all of the required acquisition and/or relocation services;
3. The cost associated with the preparation of the wastewater treatment facilities site before, during and, to the extent agreed on in the Pinelands grant or loan agreement, after building. These costs include:
i. The cost of demolition of existing structures on the wastewater treatment facilities site (including rights-of-way) required based on health, safety, aesthetic reasons or by local code requirements;
ii. The cost (considering such factors as betterment, cost of contracting and useful life) of removal, relocation or replacement of utilities, provided the recipient is legally obligated to pay under State or local law; and
iii. The cost of restoring streets and rights-of-way to their original condition. The need for such restoration must result directly from the construction and is limited to the existing paving width. However, in no case shall the allowable cost exceed two lanes and abutting shoulders.
4. The cost of acquiring all or part of existing publicly or privately owned wastewater treatment facilities provided all the following criteria are met:
i. The acquisition, in and of itself, considered apart from any upgrade, expansion or rehabilitation, provides new pollution control benefits;
ii. The acquired wastewater treatment facilities were not built with previous State, Federal, New Jersey Wastewater Treatment Trust or Pinelands Infrastructure Trust financial assistance;
iii. The primary purpose of the acquisition is not the reduction, elimination, or redistribution of public or private debt; and
iv. The acquisition does not circumvent the requirements of these regulations, or other federal, State or local requirements.
(b) Unallowable costs for land and rights-of-way include:
1. Any amount paid by the recipient for eligible land in excess of just compensation, based on the appraised value, the recipient's record of negotiation or any condemnation proceeding, as determined by the Department;
2. Removal, relocation or replacement of utilities located on land by privilege, such as franchise.

Notes

N.J. Admin. Code § 7:22-7.7
Amended by R.1992 d.42, effective 1/21/1992.
See: 23 New Jersey Register 3282(a), 24 New Jersey Register 246(a).
Term "Assistant Director" changed to "Department".
Amended by R.1997 d.346, effective 8/18/1997.
See: 29 New Jersey Register 2207(a), 29 New Jersey Register 3723(a).
In (a)3i, substituted "required based on health ... code requirements;" for "if buildings cannot be undertaken without such demolition"; and in (a)3iii, substituted "limited to the existing ... abutting shoulders" for "generally limited to repaving the width of trench".

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