New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 20B - MUNICIPAL LOCAL AID
Subchapter 4 - MUNICIPAL AID
Section 16:20B-4.2 - Engineering and right-of-way costs

(a) A grant recipient under the local aid program shall be permitted to expend up to five percent of its aid allotment for design purposes in the fiscal year beginning July 1, 2019, and every fiscal year thereafter for those purposes. Additionally, municipalities qualified by the Department of Community Affairs for Urban Aid funding pursuant to N.J.S.A. 52:27D-178et seq., or for Depressed Rural Centers Aid or any municipality demonstrating special need as approved by the Department, may, at the discretion of the Commissioner, be reimbursed for engineering and right-of-way acquisition in addition to construction costs, provided that the amount does not exceed the total amount allotted for the project. Justification submitted by the municipality may include its inability to advance a project due to lack of funds, lack of staff, lack of expertise, or other extenuating circumstances. Department staff shall recommend acceptance or rejection of the special need request to the Commissioner for his or her final decision. The Commissioner's final decision shall be based on need, on a case-by-case basis.

(b) The Department may participate in the cost of engineering to be accomplished by a consultant engaged by the municipality or by the municipalitys full-time engineering staff for municipalities eligible pursuant to (a) above. Prior approval of the Departments participation in the cost of engineering fees shall be obtained before any engineering services are performed.

(c) A qualified municipal government desiring Department participation in the cost of engineering shall submit the scope of services to be performed by the engineer to the Department.

(d) The Department may participate on a reimbursement basis in the cost of lands and/or easement rights acquired for right-of-way for municipalities qualified pursuant to (a) above. Municipal governments seeking Department participation in the cost of right-of-way acquisition shall make a request to the appropriate district office and provide justification and right-of-way maps depicting the lands and/or easement rights necessary to be acquired before beginning any right-of-way acquisition activity for a project. Costs associated with the right-of-way acquisition, such as appraisal and administrative costs, shall not be eligible for reimbursement. All property shall be purchased in accordance with the provisions of the Local Lands and Buildings Law, 40A:12-1 et seq.

(e) Cost shall be the actual purchase price amount paid for each parcel of land or easement rights acquired for the project as a result of a negotiated purchase agreement or, where negotiations have failed, the just compensation amount awarded by the courts for a particular parcel as a result of a subsequent condemnation action.

(f) Right-of-way acquisition activities by municipalities shall be conducted in accordance with all requirements and conditions set forth within the State of New Jersey Uniform Eminent Domain Law of 1971, N.J.S.A. 20:3-1 et seq.

(g) The municipality shall provide a relocation plan and accomplish relocation assistance in accordance with the Relocation Assistance Act, 20:4-1 et seq., and with all published procedures, conditions, and requirements of the Department of Community Affairs pertaining to this statute, when owner or tenant occupants of any property being acquired for a project will be displaced.

(h) Department participation amounts shall be returned by the municipality to the Department for properties acquired with Department participation that are later declared by the municipality as excess to the project and sold.