7:22-4.9 Project bypassing
(a) Failure of the project sponsor to advise the Department, in writing of the project sponsor's commitment to meet the project document submittal schedule by the deadline identified in the proposed Priority System, Intended Use Plan and Project Priority List will, without further notice by the Department, result in the project becoming ineligible for a Trust loan for the specified State fiscal year(s).
(b) Failure of the project sponsor to submit complete planning documents, design documents and applications within the time periods specified in the Priority System, Intended Use Plan and Project Priority List for the specified State fiscal year(s) will result in the Trust's bypassing of the project sponsor's project unless the Trust, at its discretion approves, for good cause, an extension to these periods.
(c) Written notice of a bypass action shall be sent to the project sponsor. As a result of such an action, the project on the Project Priority List shall become ineligible to receive a Trust loan in the specified State fiscal year(s). This may allow the next highest ranked project to fall within the fundable range on the Project Priority List.
(d) The Trust shall bypass a project sponsor's project on the Project Priority List in cases where the Trust has given priority to funding other projects on the Project Priority List in accordance with N.J.A.C. 7:22-4.7(d) or (e).
Amended by R. 1988 d. 210, effective May 16, 1988. See: 19 N.J.R. 1600(a), 20 N.J.R. 1076(a). Substantially amended and heading was originally "notice of project eligibility". Amended by R. 1992 d. 42, effective January 21, 1992. See: 23 N.J.R. 3282(a), 24 N.J.R. 246(a). Clarification at (b) of necessary documents for submission; new (d) added. Amended by R. 1993 d. 242, effective June 7, 1993. See: 24 N.J.R. 4310(b), 25 N.J.R. 2271(a). Amended to eliminate the concept of contingency projects to be consistent with the provision of the existing rules. Amended by R. 1998 d. 407, effective August 3, 1998. See: 30 N.J.R. 1144(a), 30 N.J.R. 2863(a). Substituted "project sponsor" for "local government unit" throughout the section. Amended by R. 2006 d. 22, effective January 3, 2006. See: 37 N.J.R. 2645(a), 38 N.J.R. 139(a). In (c), substituted "sent" for "forwarded" and deleted "by certified mail" following "to the project sponsor".