16:20B-4.1 General requirements
(a) State participation shall not exceed the lesser of either 100 percent of the cost of the completed construction work including construction supervision, inspection, and material testing or the project allotment.
(b) The following costs are not eligible for State participation:
1. Relocation costs of utility property and equipment owned by a private utility or a municipal or county utility authority;
2. Betterment of any utility property or equipment, whether publicly-owned, privately-owned or owned by a municipal or county utility authority;
3. Engineering costs except for those deemed eligible pursuant to (c) below; and
4. Right-of-way acquisition, except for costs deemed eligible pursuant to (c) below.
(c) Municipalities qualified by the Department of Community Affairs for Urban Aid funding under P.L. 1978, c. 14, as amended, 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.
Amended by R. 2006 d. 396, effective November 20, 2006. See: 38 N.J.R. 2395(a), 38 N.J.R. 4877(a). In (a), deleted the last sentence; added new (b); recodified former (b) as (c); and rewrote (c).