reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 6 - LOCAL GOVERNMENT UNIT ACQUISITION PROJECTS: APPLICATION PROCESS › Section 7:36-6.3 - At-risk authorization to proceed with acquisition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the acquisition to remain eligible for Green Acres funding assistance, a local government unit shall not enter into a purchase contract or institute condemnation proceedings for any parcel within the proposed project site unless it has first received notification of the Green Acres funding award under 7:36-8.1 and notification of eligible land cost under 7:36-8.4, or an at-risk authorization.
(b) Within 14 days of a local government unit's request of an at-risk authorization, Green Acres shall authorize, in writing, the local government unit to proceed with the acquisition of a proposed project site at its own risk.
(c) Within 14 days of receiving the at-risk authorization from Green Acres, the local government unit shall do the following, if it has not already done so:
1. Submit to Green Acres the Recreation and Open Space Inventory (ROSI) described at 7:36-6.5. If the project is approved under 7:36-8.1(b), the ROSI will become part of the project agreement required under 7:36-9.1 and the time of receipt of Green Acres funding shall begin on the date of the at-risk letter; and
2. Advertise and hold the public hearing consistent with 7:36-6.2(b). The advertisement must indicate that the local government unit may apply or has applied for Green Acres funding for the project.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 6 - LOCAL GOVERNMENT UNIT ACQUISITION PROJECTS: APPLICATION PROCESS › Section 7:36-6.4 - Application requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For a project in the Standard Acquisition, Site Specific Incentive Acquisition, or Urban Aid Acquisition funding award category, a local government unit shall submit all of the following:
1. A completed application on a form obtained from Green Acres. The application shall identify the local government unit, give the project type, indicate the municipality(ies) and county(ies) in which the proposed project site is located, provide a brief description of the project, specify the estimated cost of acquisition and the estimated funding request amount, identify the local government unit's contact person for the project, and include the certification of the person authorized by the enabling resolution required under (b)2 below to submit the application.
i. The local government unit shall base its funding request amount on the estimated land value or anticipated purchase price of the proposed project site and not solely on the tax assessed value of the proposed project site. The local government unit shall include estimated costs of professional land surveying, appraisal, and preliminary assessment services; estimated costs of relocation services and demolition of structures (if applicable); and an estimate of any other allowable project costs in accordance with 7:36-4.10;
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 6 - LOCAL GOVERNMENT UNIT ACQUISITION PROJECTS: APPLICATION PROCESS › Section 7:36-6.5 - Recreation and Open Space Inventory submissions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As part of an application for Green Acres funding, a local government unit must prepare and submit a Recreation and Open Space Inventory (ROSI). The ROSI must be prepared by the local government unit on forms obtained from Green Acres, and shall list each parcel of land held by the local government unit for recreation and conservation purposes as of the date of the application. All interests in land held by the local government unit for recreation and conservation purposes shall be listed, including any conservation restriction or historic preservation restriction, regardless of how they were acquired (for example, whether as a condition of a planning or zoning approval issued by a local government unit, as a donation, through negotiation, or in any other manner).
1. The listing shall identify each parcel, specify whether each parcel is funded or unfunded parkland, give its area in acreage or square feet, and provide its lot and block designation as shown on the tax maps submitted under (b) below. If the tax lot or block designations have changed since the submission of a prior ROSI, the local government unit must provide the new lot and block numbers and the corresponding old lot and block numbers on the ROSI.
2. The chief executive officer and the planning board chairperson, if the local government unit is a municipality, or the chief executive officer and the planning board chairperson or either the parks director or director of the open space program, if the local government unit is a county, shall sign and date the ROSI, affirming that it is complete and accurate.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 7 - LOCAL GOVERNMENT UNIT ACQUISITION PROJECTS: AWARD CRITERIA; APPLICATION RANKING AND EVALUATION › Section 7:36-7.1 - Project award criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For a project in the Standard Acquisition, Urban Aid Acquisition, or Site Specific Incentive Acquisition funding award categories, the Department shall assign priority points in accordance with (b) below to each acquisition project after it has received a complete application under 7:36-6.4. The assignment of priority points reflects the degree to which a proposed project is consistent with the most recent New Jersey Statewide Comprehensive Outdoor Recreation Plan (available from Green Acres at PO Box 412, Trenton, New Jersey 08625-0412); the State Plan, New Jersey Meadowlands Master Plan, Pinelands Comprehensive Management Plan, or Highlands Regional Master Plan, as applicable; and the findings and declarations and, as applicable, special considerations for funding awards set forth in the Green Acres laws, State open space and recreation priorities, and this chapter.
(b) The Department shall assign priority points according to the following protocol:
1. The Department may assign a maximum of 30 points based on the extent to which a project satisfies the need for open space for recreation in a particular county, as follows:
i. The extent to which there is a deficit in open space for recreation and conservation purposes within the jurisdiction of the local government unit, under the balanced land use guidelines for municipalities and counties, one to five points. For purposes of this section, the balanced land use guidelines recognize competing uses for developable land (for example, housing versus ballfields) and are expressed as goals. For a municipality, the balanced land use goal is that a minimum of three percent of the developed and developable area of the municipality should be held as open space for recreation. For a county, the balanced land use goal is that a minimum of seven percent of the developed and developable area of the county should be held as open space for recreation. The Statewide Comprehensive Outdoor Recreation Plan (available from Green Acres) contains a complete discussion of the balanced land use guidelines; and
ii. The population density and the extent to which there is a shortage of availability of other open space which satisfies similar recreational needs within the area from which the majority of users of the proposed project are expected to come, one to 25 points.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 7 - LOCAL GOVERNMENT UNIT ACQUISITION PROJECTS: AWARD CRITERIA; APPLICATION RANKING AND EVALUATION › Section 7:36-7.2 - Ranking and evaluation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of an application containing all the information required under 7:36-6.4, Green Acres shall determine if the project is eligible for funding in accordance with 7:36-4.2.
(b) For an eligible project in the Standard Acquisition, Site Specific Incentive Acquisition, or Urban Aid Acquisition funding award category, the Department shall:
1. Determine the total number of priority points assigned to the project under 7:36-7.1(b); and
2. Rank the projects, within the same funding award category, on a priority list according to the total number of priority points assigned each project, with the project assigned the greatest total number of priority points ranking first.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 8 - LOCAL GOVERNMENT UNIT ACQUISITION PROJECTS: APPROVAL, PRELIMINARY ASSESSMENT, AND APPRAISAL PROCEDURES; DETERMINATION AND NOTIFICATION OF ELIGIBLE LAND COST › Section 7:36-8.1 - Approval or denial of application; award of funding; procedural letter

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Based on available funding, the number of local government unit acquisition applications received in its funding award category, and the ranking and evaluation methods described at 7:36-7.1, the Department shall make a recommendation for approval or denial of a local government unit application for an acquisition project to the Garden State Preservation Trust.
(b) If the application is approved by the Garden State Preservation Trust, the Department shall notify the local government unit in writing of the amount of the Green Acres funding award, which is subject to legislative appropriation.
(c) If the application is denied by the Garden State Preservation Trust, the Department shall notify the local government unit in writing of the reason for the denial.
(d) After notification of a funding award under (b) above, and after the funding award has received legislative appropriation, Green Acres shall send the local government unit a procedural letter that contains instructions for preparing the items required for disbursement of funding under 7:36-9.4, including the deed, title insurance policy, and survey. The procedural letter shall additionally direct the local government unit to:
1. Obtain and submit to Green Acres a preliminary assessment of the project site in accordance with 7:36-8.2; and
2. Obtain and submit to Green Acres the appraisals required under 7:36-8.3.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 8 - LOCAL GOVERNMENT UNIT ACQUISITION PROJECTS: APPROVAL, PRELIMINARY ASSESSMENT, AND APPRAISAL PROCEDURES; DETERMINATION AND NOTIFICATION OF ELIGIBLE LAND COST › Section 7:36-8.3 - Appraisal procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For a parcel with an estimated land value of less than $ 250,000, a local government unit shall obtain at least one professionally and independently prepared appraisal. For a parcel with an estimated land value of $ 250,000 or more, the local government unit shall obtain two professionally and independently prepared appraisals.
(b) The local government unit shall obtain each appraisal required under (a) above in accordance with the following procedures:
1. The local government unit shall prepare and submit to Green Acres a project reference map described at 7:36-6.4(a)5  for each parcel to be appraised under this section. The local government unit also shall provide the Project Reference Map to the appraiser(s) hired under (b)3 below;
2. Prior to hiring the appraiser(s), the local government unit shall discuss with Green Acres staff the procedures and criteria for the selection and hiring of the appraiser(s) and the scope of work;
3. The local government unit shall hire State-Certified General appraisers who Green Acres has approved based on such appraisers' sample work product. The sample work product must be a Self Contained Appraisal Report as established in the Uniform Standards of Professional Appraisal Practice (USPAP) (Standards Rule 2-2), available from the Appraisal Foundation at 1029 Vermont Avenue, N.W., Suite 900, Washington, D.C. 20005-3517 or on the web at
commerce.appraisalfoundation.org/html/USPAP2005/toc.htm
. Green Acres shall approve an appraiser based on the thoroughness of the sample appraisal report, the quality of the information used to reach a conclusion, and the soundness of the conclusion reached.
4. Prior to starting the appraisal(s), the local government unit shall request a joint meeting with Green Acres staff and the appraiser(s) to discuss the scope of work and to visit the project site;
5. All appraisals shall be Self Contained Appraisal Reports as established in the Uniform Standards of Professional Appraisal Practice (Standards Rule 2-2), available from the Appraisal Foundation at 1029 Vermont Avenue, N.W., Suite 900, Washington, D.C. 20005-3517 or on the web at
commerce.appraisalfoundation.org/html/USPAP2005/toc.htm
; and
6. The local government unit shall submit to Green Acres one copy of each completed appraisal.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 8 - LOCAL GOVERNMENT UNIT ACQUISITION PROJECTS: APPROVAL, PRELIMINARY ASSESSMENT, AND APPRAISAL PROCEDURES; DETERMINATION AND NOTIFICATION OF ELIGIBLE LAND COST › Section 7:36-8.4 - Determination and notification of eligible land cost

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Green Acres shall determine the sufficiency of any appraisal submitted under 7:36-8.3 and shall notify the local government unit in writing of any deficiencies that prevent the use of the appraisal submitted to determine the eligible land cost or the hypothetical land value.
(b) Green Acres shall determine the eligible land cost for each parcel within a project site as follows:
1. If only one appraisal has been obtained under 7:36-8.3 on a parcel, the eligible land cost shall be the parcel's certified market value, as determined pursuant to (c) below;
2. If two appraisals have been obtained under 7:36-8.3 on a parcel, and the difference between the two appraisal values is greater than 10 percent of the higher appraisal value, the eligible land cost shall be the parcel's certified market value, as determined pursuant to (c) below;
3. Except as provided under (b)3i and ii below, if two appraisals have been obtained under 7:36-8.3 on a parcel, and the difference between the two appraisal values is 10 percent of the higher appraisal value or less, the eligible land cost shall be the average of the appraisal values:
i. If either of the two appraisal values exceeds $3 million, the eligible land cost shall be the certified market value, as determined pursuant to (c) below; and
ii. The local government unit may request that Green Acres provide a certified market value to be used as the eligible land cost rather than an average of the appraisal values, in which case the eligible land cost shall be the certified market value, as determined pursuant to (c) below.
4. Green Acres shall periodically audit its appraisal review process by providing a certified market value determined pursuant to (c) below for projects that qualify for an average of the appraisal values. In such instances, the certified market value shall be the eligible land cost for the parcel of land.
5. In addition to the eligible land cost, Green Acres also shall issue a hypothetical land value for the parcel of land, based on information provided with the appraisal(s) prepared in accordance with N.J.A.C. 7:36-8.3. This requirement shall be in effect until June 30, 2009, pursuant to the Garden State Preservation Trust Act (13:8C-26 ).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 9 - LOCAL GOVERNMENT UNIT ACQUISITION PROJECTS: PROJECT AGREEMENT, NEGOTIATIONS FOR PURCHASE OF PROJECT SITE, SUPPLEMENTAL FUNDING, DISBURSEMENTS OF LOAN OR MATCHING GRANT, LOAN REPAYMENT, AND ACCOUNTING AND RECORDKEEPING REQUIREMENTS › Section 7:36-9.1 - Project agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each Green Acres acquisition project shall have a project agreement, which shall be executed by the local government unit and the Department. The project agreement shall set out the rights and responsibilities of the local government unit and the Department in regards to the acquisition project and shall contain all information identified in (c) below. A declaration shall be attached to the project agreement that includes the local government unit's ROSI and declares that all of the local government unit's funded and unfunded parkland are subject to the Green Acres restrictions.
(b) Green Acres shall send the project agreement to the local government unit for approval and signature after the funding award made under 7:36-8.1(b)  has received legislative appropriation. The local government unit shall ensure that the project agreement and declaration are approved and signed by the local government unit's attorney, and executed by the person authorized under the resolution described at 7:36-6.4(a)2 or (b)2, unless the local government unit submits an updated resolution.
(c) The project agreement shall contain:
1. An identification of the project site;
2. The declaration that contains the Recreation and Open Space Inventory (ROSI) described at 7:36-6.5 as adjusted to correct inaccuracies, if any, discovered by the local government unit or Green Acres;
3. The estimated cost of acquisition of the project;
4. The amount of the Green Acres funding award pursuant to 7:36-8.1(b)  and, if applicable, the local government unit's matching share of the cost of acquisition;
5. Special conditions, if any;
6. The project period during which the acquisition project must be completed, generally two years from the effective date of the project agreement;
7. The requirements for recordkeeping, project administration, and, if the Green Acres funding includes a loan, loan repayment;
8. The requirement that the deed for any parcel acquired as part of the project site contain the following clause: "The lands being conveyed herein are being purchased with Green Acres funding and are subject to Green Acres restrictions as provided at 13:8C-1 et seq. and N.J.A.C. 7:36, as may be amended and supplemented, and the grantee herein agrees to accept these lands with the Green Acres restrictions, including restrictions against disposal or diversion to a use for other than recreation and conservation purposes"; and
9. Other terms and conditions, including a statement of the remedies described at (j) through (m) below and a statement of the requirements for maintenance, use, development, and disposal or diversion of parkland as described at N.J.A.C. 7:36-25 and 26.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 9 - LOCAL GOVERNMENT UNIT ACQUISITION PROJECTS: PROJECT AGREEMENT, NEGOTIATIONS FOR PURCHASE OF PROJECT SITE, SUPPLEMENTAL FUNDING, DISBURSEMENTS OF LOAN OR MATCHING GRANT, LOAN REPAYMENT, AND ACCOUNTING AND RECORDKEEPING REQUIREMENTS › Section 7:36-9.2 - Negotiations for purchase of project site

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For any parcel that is to be acquired in whole or in part with Green Acres funding, the local government unit may enter into a purchase contract with the property owner or institute condemnation proceedings only after the local government unit has received the notification of the Green Acres funding award under 7:36-8.1 and the notification of eligible land cost under 7:36-8.4, or an at risk authorization under N.J.A.C. 7:36 6.3.
(b) Any person who performed an appraisal under 7:36-8.3 of any parcel in the project site shall not conduct negotiations for the acquisition of such parcel.
(c) The local government unit shall conduct all negotiations in conformance with the Garden State Preservation Trust Act, particularly 13:8C-26.
(d) The local government unit shall share both the eligible land cost and the hypothetical land value with the property owner and shall base its negotiation on the higher of the two values. This requirement shall be in effect until June 30, 2009, pursuant to the Garden State Preservation Trust Act (13:8C-26 ).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 9 - LOCAL GOVERNMENT UNIT ACQUISITION PROJECTS: PROJECT AGREEMENT, NEGOTIATIONS FOR PURCHASE OF PROJECT SITE, SUPPLEMENTAL FUNDING, DISBURSEMENTS OF LOAN OR MATCHING GRANT, LOAN REPAYMENT, AND ACCOUNTING AND RECORDKEEPING REQUIREMENTS › Section 7:36-9.3 - Supplemental funding

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A local government unit may request, in writing, supplemental funding for a project after it has received the notification of the eligible land cost under 7:36-8.4 if:
1. The cost of acquisition exceeds the funding amount awarded under 7:36-8.1, plus, if applicable, the local government unit's matching share of the cost of acquisition;
2. A condemnation award exceeds the eligible land cost or hypothetical land cost established under 7:36-8.4. For purposes of this section, a condemnation award is the value established by the court through the Condemnation Commissioners or a jury; it does not include a Consent Judgment or other negotiated settlement; or
3. The local government unit has been unable to reach agreement on the purchase price after bona fide negotiations with the seller, as certified by the local government unit's attorney.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 9 - LOCAL GOVERNMENT UNIT ACQUISITION PROJECTS: PROJECT AGREEMENT, NEGOTIATIONS FOR PURCHASE OF PROJECT SITE, SUPPLEMENTAL FUNDING, DISBURSEMENTS OF LOAN OR MATCHING GRANT, LOAN REPAYMENT, AND ACCOUNTING AND RECORDKEEPING REQUIREMENTS › Section 7:36-9.5 - Terms of loan repayment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A local government unit shall repay the loan amount in semiannual installments over a period of not more than 30 years. The loan term shall begin on the date of the first disbursement of funds made under 7:36-9.4. The local government unit may prepay the loan in whole or in part at any time without penalty. An accelerated repayment schedule may be established under the project agreement executed under 7:36-9.1.
(b) The Department shall forward the final repayment schedule to the local government unit upon disbursement of the entire loan.
(c) Interest shall accrue on the outstanding loan principal at a rate not to exceed two percent per year, beginning on the date of the first disbursement of funds made under 7:36-9.4. Interest accrued against each disbursement shall be paid to the Treasurer of the State, in a lump sum, three months after the date of the final disbursement.
(d) The first semi-annual repayment of principal shall be paid to the Treasurer of the State nine months after the final disbursement or two years after the date of the first disbursement, whichever is earlier.
(e) The local government unit shall allocate a portion of its budget to meet the annual debt service on the loan.
(f) The Department shall assess a late fee whenever the local government unit fails to make any repayment within 30 days of the scheduled payment due date, as follows:
1. When a payment is 30 to 59 days past due, five percent of the payment amount due;
2. When a payment is 60 to 89 days past due, 10 percent of the payment amount due; and
3. When a payment is 90 or more days past due, 15 percent of the payment amount due.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 9 - LOCAL GOVERNMENT UNIT ACQUISITION PROJECTS: PROJECT AGREEMENT, NEGOTIATIONS FOR PURCHASE OF PROJECT SITE, SUPPLEMENTAL FUNDING, DISBURSEMENTS OF LOAN OR MATCHING GRANT, LOAN REPAYMENT, AND ACCOUNTING AND RECORDKEEPING REQUIREMENTS › Section 7:36-9.6 - Accounting and recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The local government unit shall maintain and make available to the Department for inspection upon request all financial documents and records related to the project that are required to be maintained in accordance with (e) below.
(b) The local government unit, its contractors, and subcontractors shall employ generally accepted accounting procedures that adequately identify the costs associated with the Green Acres loan or matching grant.
(c) The local government unit shall maintain separate records for each project including the amount, receipt, and disposition of all funding received for the project, including Green Acres loans and matching grants, and contributions, gifts, or donations from any other sources.
(d) The local government unit shall conduct annual audits and submit audit reports in conformance with the Single Audit Act of 1984, P.L. 98-502 and the Single Audit Act Amendments of 1996, P.L. 104-156 ( 31 U.S.C. §§
										7501 et seq.); Federal Office of Management and Budget (OMB) Circular A-133: "Audits of States, Local Governments, and Non-Profit Organizations," incorporated herein by reference (available from the Federal Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503 or at
www.whitehouse.gov/omb/circulars/a133/a133.html
); and State OMB Circular 98-07: "Single Audit Policy for Recipients of Federal Grants, State Grants, and State Aid," incorporated herein by reference (available from the New Jersey Department of the Treasury, Office of Management and Budget, PO Box 002, Trenton, NJ 08625-0002 or at
www.nj.gov/infobank/circular/circindx.htm
).
1. Audit reports shall address the local government unit's compliance and all specific instances of noncompliance with the material terms and conditions of the project agreement and applicable laws and regulations.
2. Audit reports shall contain an itemized schedule of all project-related financial assistance received by the local government unit identifying: grantor agency, program title, State account number, and total disbursement.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 10 - LOCAL GOVERNMENT UNIT DEVELOPMENT PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS › Section 7:36-10.1 - General provisions and funding policies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Local government units may apply to the Department for Green Acres funding for the development of land for outdoor recreation and conservation purposes. There is no minimum or maximum amount that a local government unit may request as a loan or matching grant in such an application.
(b) Each year, the Department shall establish a maximum funding limit per project or per applicant based on total funding requests, available funds, project priorities established under 7:36-13.1, the legislative findings of the Garden State Preservation Trust Act (13:8C-2 ), and such considerations as the local government unit's progress in expending any approved Green Acres funding, geographic distribution of applications, and total population or population density of the county and/or municipality(ies) in which the proposed project site is located.
(c) Any Green Acres funding award is subject to legislative appropriation.
(d) A local government unit that receives Green Acres funding shall not convey, dispose of, or divert to a use for other than recreation and conservation purposes any lands held by the local government unit for those purposes at the time of receipt of Green Acres funding. The local government unit shall list such lands on the Recreation and Open Space Inventory (ROSI) described at 7:36-12.5. The ROSI is required as part of the application for Green Acres funding and, if such application is approved, shall become part of the project agreement described at 7:36-14.1. The local government unit shall execute a declaration, described at 7:36-14.1(a), which shall encumber all lands listed on the ROSI, and record with the county clerk the declaration with the attached ROSI after it receives a disbursement of Green Acres funding pursuant to 7:36-14.5(c).
(e) All land and facilities developed with Green Acres funding must be accessible to the public.
(f) A development project shall be located on land that is owned in fee simple by the local government unit, or on land for which the local government unit has obtained an irrevocable lease approved by Green Acres for at least 25 years, except as described in (f)1 and 2 below. The 25-year term of the lease shall begin from the date of the proceed to bid letter described at 7:36-14.2(a).
1. If the land is not owned by the local government unit but is listed on the recorded ROSI of another local government unit, a use agreement may be used in place of a lease. The use agreement must be approved by Green Acres and must have a 25-year term that begins from the date of the proceed to bid letter described at 7:36-14.2(a).
2. If the land is held by the Department, the Department shall determine the appropriate term and provisions of the lease or use agreement.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 10 - LOCAL GOVERNMENT UNIT DEVELOPMENT PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS › Section 7:36-10.2 - Eligible projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Developments for recreation and conservation purposes, as defined at 7:36-2.1, are eligible for Green Acres funding. A development project may include, for example:
1. Construction of a facility that will support the increased public use or enjoyment of outdoor recreation and conservation land, such as a facility for outdoor games and sports, winter sports, boating, picnicking, fishing, biking, hiking, swimming, camping, nature and historic interpretation, or similar activities;
2. Lighting for an existing recreational or conservation facility;
3. A parking area that supports an outdoor recreation or conservation project;
4. A restroom or comfort facility, park administrative office, maintenance and storage area, or other similar structure that supports outdoor recreation or conservation;
5. A structure that partially encloses an outdoor recreation facility;
6. Restoration or rehabilitation of a facility that was developed 20 or more years before the date of the local government unit's application with funding from Green Acres or under the Land and Water Conservation Fund Act of 1965, 16 U.S.C. §
											4601, the Urban Park and Recreation Recovery Program, 16 U.S.C. §
											2501, or any other Federal or State funding program administered through Green Acres. A facility that was developed with such funding fewer than 20 years before the date of the application may be eligible under this paragraph if the local government unit demonstrates that the restoration or rehabilitation is necessary due to normal wear and tear on the facility and not to abuse, neglect, or vandalism;
7. Other development that supports the use of an existing recreation or conservation facility held by the local government unit, provided that the existing recreation or conservation facility shall be subject to the Green Acres restrictions applicable to funded parkland upon completion of the supporting facility developed with Green Acres funding; and
8. Dredging of a pond, lake, or segment of a stream or river consistent with 7:36-10.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 10 - LOCAL GOVERNMENT UNIT DEVELOPMENT PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS › Section 7:36-10.3 - Ineligible projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following types of development projects are not eligible for Green Acres funding:
1. Any facility or structure that does not support outdoor recreation or conservation;
2. Any facility to which public access is not provided;
3. A professional sports facility;
4. Any development that will significantly impair the land's natural resources, as determined by Green Acres;
5. Shore protection or beach renourishment or replenishment activities that are eligible for funding under the Department's Shore Protection Program, administered by the Bureau of Coastal Engineering in the Office of Engineering and Construction. Information about the Shore Protection Program is available at
www.nj.gov/dep/shoreprotection
or by contacting the Bureau of Coastal Engineering at 1510 Hooper Avenue, Toms River, New Jersey 08753;
6. Any development project that will use tropical hardwood; and
7. A structure that entirely encloses an outdoor recreation facility on a temporary or permanent basis.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 10 - LOCAL GOVERNMENT UNIT DEVELOPMENT PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS › Section 7:36-10.4 - Dredging of a pond, lake, or segment of a stream or river

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The dredging of a pond, lake, or segment of a stream or river is eligible for Green Acres funding as a development project if:
1. The dredging would enhance public recreational use of the water body and surrounding parkland or support natural resource protection;
2. The pond, lake, or segment of a stream or river is held by the local government unit;
3. The local government unit provides public access to the water area;
4. Green Acres has not previously funded the dredging of the pond, lake, or segment of stream or river;
5. The local government unit incorporates into the dredging project long-term corrective features such as on-site sedimentation basins or other methods of maintaining the depth of the dredged area; and
6. The local government unit plans its project in consultation with the appropriate Soil Conservation District and obtains all necessary permits.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 10 - LOCAL GOVERNMENT UNIT DEVELOPMENT PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS › Section 7:36-10.5 - Development on landfills

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A local government unit seeking Green Acres funding for the development of a facility for recreation and conservation purposes on a closed landfill shall submit the following with its application under 7:36-12.4:
1. The preliminary assessment required under 7:36-13.4;
2. Verification that the landfill is properly closed, in compliance with the Solid Waste Management Act, 13:1E-1 et seq., and its implementing rules; for landfills in the Pinelands, in compliance with the Pinelands Comprehensive Management Plan; or, for landfills in the Meadowlands District, in compliance with the New Jersey Meadowlands Master Plan and District Solid Waste Management Plan. Such verification shall include a copy of the closure approval letter from the Department's Division of Solid and Hazardous Waste or the equivalent written approval from the Pinelands Commission or Meadowlands Commission, if applicable;
3. A site map and narrative, including:
i. The general types, locations, and depth of waste on the site;
ii. The thickness and type of cover materials; and
iii. The dates the landfill was in use;
4. Detailed results of testing of soil borings, surface water, and ground water, if any; and
5. A copy of the application for a Landfill Disruption Approval for the project, pursuant to the Department's Division of Solid and Hazardous Waste rules at 7:26-2A.8(j), or equivalent document from the Pinelands Commission or Meadowlands Commission.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 10 - LOCAL GOVERNMENT UNIT DEVELOPMENT PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS › Section 7:36-10.6 - Allowable project costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For development projects, the following costs are allowable, provided the local government unit incurs such costs in conformance with all applicable laws, including the Local Public Contracts Law, 40A:11-1 et seq.:
1. Construction costs;
2. Engineering costs associated with facility design and preparation of plans and specifications, supervision, and inspection, not to exceed 13 percent of the construction costs submitted by the local government unit and approved for Green Acres funding;
3. Incidental costs, individually itemized, associated with the implementation of the development project, including the cost of advertising, archaeological, architectural, conservation, financial, geological, historic research, hydrological, legal, or other professional advice, estimates, reports, services, or studies and the cost of preliminary planning and engineering necessary for the preparation of the application, provided such costs are not also included in the costs listed at (a)1 or 2 above. Incidental costs are limited to a maximum of two percent of the construction costs submitted by the local government unit and approved for Green Acres funding, or $20,000, whichever is less;
4. Permit fees associated with the development project;
5. Costs of equipment required to make the facility operational; and
6. Costs of the preliminary assessment, when completed in accordance with N.J.A.C. 7:26E, as required under 7:36-13.4, and further testing as determined by the Department, based on findings and recommendations of the preliminary assessment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 10 - LOCAL GOVERNMENT UNIT DEVELOPMENT PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS › Section 7:36-10.7 - Matching share; donations toward the cost of development

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Garden State Preservation Trust approves a matching grant to a local government unit, the local government unit may use as its matching share of the allowable costs of the development project its own funds or grants, contributions, donations, or reimbursements from State or Federal programs or from other public or private sources, except as described at (b) below.
(b) A local government unit shall not use as its matching share of the cost of development:
1. Any funding provided under the Green Acres laws, except a Green Acres loan awarded to the local government unit for the project under 7:36-13.3;
2. Any funding provided under the Garden State Preservation Trust Act administered by any State agency; or
3. The value of any donated goods and services that have not been obtained in conformance with the Local Public Contracts Law, 40A:11-1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 11 - LOCAL GOVERNMENT UNIT DEVELOPMENT PROJECTS: FUNDING AWARD CATEGORIES › Section 7:36-11.1 - Funding award categories

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Garden State Preservation Trust awards Green Acres funding to local government units for development projects in the three funding award categories set forth in (b) through (d) below.
(b) A Densely or Highly Populated Development project is the development of a project site located in a Densely Populated Municipality or Highly Populated Municipality, or a development project sponsored by a Densely Populated County or Highly Populated County within that county.
1. Projects located in Highly or Densely Populated Municipalities or sponsored by Highly Populated Counties are funded by a matching grant of 25 percent of the allowable costs of the development project. If funds are available, these projects also will be eligible for a low-interest (not more than two percent per year) loan for a term of not more than 20 years to supplement the matching grant.
2. Projects sponsored by Densely Populated Counties are funded by a matching grant of 50 percent of the allowable costs of the development project. If funds are available, these projects also will be eligible for a low-interest (not more than two percent per year) loan for a term of not more than 20 years to supplement the matching grant.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 12 - LOCAL GOVERNMENT UNIT DEVELOPMENT PROJECTS: APPLICATION PROCESS › Section 7:36-12.1 - Timing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A local government unit may submit an application for Green Acres funding at any time.
(b) At least two times each State fiscal year, the Department shall rank all complete applications in accordance with 7:36-13.2 and shall submit to the Garden State Preservation Trust a list of projects that the Department recommends to receive funding awards in accordance with 7:36-13.3.
(c) At least two times each State fiscal year, the Garden State Preservation Trust shall approve projects from the list described at (b) above and shall prepare and submit for introduction in the Legislature proposed legislation appropriating moneys to fund the approved projects.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 12 - LOCAL GOVERNMENT UNIT DEVELOPMENT PROJECTS: APPLICATION PROCESS › Section 7:36-12.2 - Preapplication procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department encourages local government units to attend a Green Acres sponsored informational workshop, when offered, and to request a preapplication conference with Green Acres as early as possible, prior to application submission, to discuss project eligibility, award criteria, and application and project administration requirements.
(b) The local government unit shall hold a public hearing on a proposed development project before it submits its application for Green Acres funding.
1. The local government unit shall publish a notice of the public hearing in the official newspaper of the municipality in which the proposed project site is located, and, if the local government unit is a county, also in a newspaper of general circulation in that county. The hearing must be advertised as a display ad at least 15 days before the hearing. The hearing notice must specifically reference the proposed Green Acres development application.
2. The public hearing must be held in the evening, and may be held as part of a public meeting, as long as the hearing is properly advertised. Only the proposed development project, and other proposed Green Acres projects, if any, shall be the subject matter of the public hearing.
3. The elected governing body of the local government unit shall conduct the public hearing on the proposed development application.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 12 - LOCAL GOVERNMENT UNIT DEVELOPMENT PROJECTS: APPLICATION PROCESS › Section 7:36-12.3 - At-risk authorization to proceed with development

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After submission of an application for development funding, the local government unit may request approval from Green Acres to proceed with a development project at its own risk.
(b) Green Acres shall issue an at-risk authorization when the proposed development complies with the eligibility requirements under 7:36-10.2, and for good cause shown.
(c) If the Garden State Preservation Trust approves a project for which Green Acres issued an at-risk authorization, the time of receipt of Green Acres funding shall begin on the date of the at-risk letter.
(d) The Garden State Preservation Trust is not obligated to award funding for any development project for which Green Acres issues an at-risk authorization under (b) above.
(e) A local government unit is not obligated to develop any project for which it receives an at-risk authorization under (b) above.
(f) The development of a project site completed under an at-risk authorization must comply with the requirements of this chapter to remain eligible for Green Acres reimbursement.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 12 - LOCAL GOVERNMENT UNIT DEVELOPMENT PROJECTS: APPLICATION PROCESS › Section 7:36-12.5 - Recreation and Open Space Inventory submissions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As part of an application for Green Acres funding for development, a local government unit must prepare and submit a Recreation and Open Space Inventory (ROSI). The ROSI must be prepared by the local government unit on forms obtained from Green Acres, and shall list each parcel of land held by the local government unit for recreation and conservation purposes as of the date of the application. All interests in land held by the local government unit for recreation and conservation purposes shall be listed, including any conservation restriction or historic preservation restriction, regardless of how they were acquired (for example, whether as a condition of a planning or zoning approval issued by a local government unit, as a donation, through negotiation, or in any other manner).
1. The listing shall identify each parcel, specify whether each parcel is funded or unfunded parkland, give its area in acreage or square feet, and provide its lot and block designation as shown on the tax maps submitted under (b) below. If the tax lot or block designations have changed since the submission of a prior ROSI, the local government unit must provide the new lot and block numbers and the corresponding old lot and block numbers on the ROSI.
2. The chief executive officer and the planning board chairperson, if the local government unit is a municipality, or the chief executive officer and the planning board chairperson or either the parks director or director of the open space program, if the local government unit is a county, shall sign and date the ROSI, affirming that it is complete and accurate.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 13 - LOCAL GOVERNMENT UNIT DEVELOPMENT PROJECTS: AWARD CRITERIA, APPLICATION RANKING, APPROVAL PROCEDURES; PRELIMINARY ASSESSMENT REPORT › Section 7:36-13.2 - Ranking

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of an application containing all the information required under 7:36-12.4, Green Acres shall determine if the project is eligible for funding in accordance with the requirements of 7:36-10.2.
(b) If the development project is eligible for Green Acres funding, the Department shall determine the total number of priority points assigned to the project based on the project award criteria described in 7:36-13.1.
(c) The Department shall rank all the projects within each funding award category on a priority list according to the total number of priority points assigned each project, with the project assigned the greatest total number of priority points ranking first.