Assembling Your Documents

Assembling Your Documents

All required documents are outlined in the "Step 5: Submit a Project Loan Application" in the Application Process Section below. However, this section will provide helpful hints and tips for assembling the application components.

 

PERMITTING

Some green infrastructure projects require permits from DEP and the Federal government (e.g. Waterfront Development, CAFRA, wetlands, flood hazard, USACE.) When you apply for Water Bank financing, you will be required to submit an affidavit certifying that required permits and approvals for building the environmental infrastructure facilities have been received from applicable Federal, State and local agencies. DEP Water Bank staff regularly help applicants navigate the permitting process, for assistance, contact them at (609) 292-8961.

In addition, applicants should request a Pre-Application Conference with DEP. Early attendance at a Pre-Application conference is useful for a number of reasons, including

  • to clarify design conflicts,
  • determine regulatory compliance, and
  • determine if any unforeseen regulatory issues might be discovered. 

DEP may also provide recommendations for design changes which would help to minimize disturbance in environmentally sensitive areas and help the project achieve compliance with the regulations.

TIP: IF YOU ARE APPLYING FOR WATER BANK FUNDING, MAKE SURE YOU HAVE APPLIED FOR ALL OF THE REQUIRED PERMITS YOU WILL NEED FOR YOUR PROJECT EARLY.

 

ENVIRONMENTAL REVIEW AND CULTURAL RESOURCES SURVEY

DEP will make a decision regarding the level of environmental review (Level l, 2, or 3) that will be required and whether a Cultural Resources Survey is required. If DEP determines that an environmental review and or cultural resources survey are required, then they will also specific the level of review required. Additional information regarding DEP requirements for Environmental Reviews and Cultural Resource Surveys are contained in NJAC 7:22-10.

DEP may also determine that the proposed project will have no effect upon cultural resources, in which case, no survey will be required and the project may proceed without further cultural resource consideration.

We had a great experience. Our planning and design loan ended and we rolled it over into a construction loan. We've been very happy with the process. The Water Bank welcomed the project and understood the need to do it. - Water Bank Applicant

 

TECHNICAL DOCUMENTS

Consider the following items when preparing technical documents for submission for Water Bank funding:

  • Ensure technical specifications coincide with information on the design drawings. It is important have consistency with the documents, especially if they were prepared by different sources.
  • Include local municipal and county specifications as may be required to fully complete the scope of work.
  1. For example, if your project is within a municipal or county right-of-way be sure to review and include applicable road restoration details.
  • Address Water Bank Resiliency Requirements.
  • Provide copies of relevant permits/approvals which are required.
  • Provide documentation of easements or a legal opinion as to mechanism to obtain such easement requirements, if applicable.
  • Include New Jersey Department of Environmental Protection employees as an additional insured in the insurance coverage.
  • Cross-reference both NJDEP and municipal/local bid documents. This includes, for example, ensuring bid documents align with municipal procurement standards and funding agency requirements for wage rates.
  • Include the following in the bid documents:
  1. Affirmative Action Affidavit
  2. Affidavit regarding list of debarred, suspended or disqualified contractors
  3. Disclosure of Investment Activities in Iran
  4. Bid Document Submission Checklist (cross-reference with local checklists)
  5. Environmental Maintenance Bond
  6. EPA Form 5720-4
  7. Project Sign Detail
  8. Language in accordance with N.J.A.C 7:22-3.17(d) regarding the Funding Statement
  9. Language in accordance with N.J.A.C. 7:14-2.7 regarding extra work compensation
  10. N.J.A.C. 7:22-3.17(f) entire sequence regarding the Socially and Economically Disadvantage requirement
  11. LPCL 40A: 11-16(c) language regarding award to the lowest responsible bidder
  12. LPCL 40A: 11-33-34 language regarding the Penalties for Falsification
  13. N.J.A.C. 7:22-31

Note: Applicants may also consider developing standardized bid documents for use in multiple Water Bank applications.

 

FINANCIAL INFORMATION REQUIRED FOR APPLICATION

Make sure you have the following financial information ready before beginning an application for Water Bank financing:

  • Estimated project cost breakdown for anticipated sub-agreements;
  • Projected cash flow schedule to be used to establish a Water Bank loan disbursement schedule;
  • A statement by the applicant indicating whether the project sponsor is currently in default on any State loan; and
  • A description of how the applicant plans to repay the Water Bank loan and pay any other expenses necessary to fully complete and implement the project, the steps it has taken to implement this plan, and steps it plans to take before receiving the Water Bank loan that shall guarantee that at the time of the signing of the Water Bank loan agreement it shall be irrevocably committed to repay the Water Bank loan and pay any other expenses necessary to fully complete, implement, operate and maintain the project. The description must include:
  1. Pro-forma projections of the applicant's financial operations during the construction period of the project and five years thereafter;
  2. Summary of the sources and uses of all funds anticipated to be used for the project to be financed by the Water Bank loan; and
  3. Statement of the assumptions used in creating these projections.

Applicants are required to secure all Water Bank loans in a manner acceptable to the State, pledging to provide funds to repay the debt, even if the Water Bank loan is terminated pursuant to N.J.A.C. 7:22-3.44. Acceptable security arrangements include, but are not limited to, general obligation bonds of the local government unit, service/deficiency agreement(s) with government units with general taxing power, revenue bonds, debt service reserve funds and surety bonds.

TIP: REMEMBER, CONSTRUCTION LOAN PROGRAM LOANS ARE AVAILABLE PRIOR TO REACHING THIS STAGE.

 

PUBLIC PARTICIPATION

When submitting an application for Water Bank funding, certain applicants are required to inform and solicit input from the affected public regarding the intent to develop and implement environmental infrastructure projects prior to selection of the alternative which will become the proposed project. In fact, the online application requires that applicants describe public participation process to date. Many applicants are not required to undertake such measures and it is strongly recommended that the Water Bank be contacted to discuss prior to engaging a consultant for such services.

Appropriate public participation mechanisms can include notices, newsletters, citizens' advisory groups, public meetings, and public hearings to solicit comments; however, the minimum requirements for public participation are specified in N.J.A.C. 7:22-10.4, 10.5 and 10.6.

When a public hearing is required, applicants are required to take the following steps:

  1. Prepare a public notice and submit to DEP for approval prior to its publication. The notice should include a brief description of the proposed project, project location, project costs, and the time, date and place of the public hearing
  2. Prepare a verbatim transcript or detailed minutes of the public hearing. The transcript or minutes, any written comments received on the proposed project, and a summary of significant public comments along with the response to the comments, must be submitted to DEP.

In addition to a public hearing, DEP may require supplemental measures to inform and solicit comments from the public.

Assembling Your Documents
MENU
NEW JERSEY INFRASTRUCTURE BANK APPLICANT'S GUIDE