New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 25 - REQUIREMENTS FOR MAINTENANCE OF PARKLAND; WHAT CONSTITUTES A DISPOSAL OR DIVERSION OF PARKLAND; AMENDMENT OF RECREATION AND OPEN SPACE INVENTORIES; ADMINISTRATIVE TRANSFER OF PARKLAND; CHANGES IN USE OF PARKLAND; CONSTRUCTION OF BUILDINGS ON PARKLAND; FEES; PUBLIC ACCESS TO AND USE OF PARKLAND; LEASES, USE AGREEMENTS AND CONCESSION AGREEMENTS; DESIGNATED COMMUTER PARKING LOTS; ADJUDICATORY HEARING REQUESTS › Section 7:36-25.3 - Amendment of Recreation and Open Space Inventory (ROSI)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a local government unit believes a ROSI submitted to the Department as a component of a project agreement pursuant to 7:36-9.1 or 14.1 does not accurately or completely describe the lands held for recreation and conservation purposes at the time of receipt of Green Acres funding, or that any information provided for land on the ROSI is inaccurate or incomplete, the local government unit shall submit a request to the Department for an amendment to the ROSI.
(b) A local government unit's request for a ROSI amendment shall be submitted in writing and may propose addition or removal of a parcel of land or an interest in a parcel of land from the ROSI, an increase or decrease in the area of a parcel listed on the ROSI, or correction of the block and lot identification of a parcel listed on the ROSI. The ROSI amendment request shall include adequate documentation for the Department to evaluate the request under (f) below.
(c) The inclusion of a parcel on any ROSI submitted by a local government unit in connection with a land acquisition or park development project funded by Green Acres shall create a rebuttable presumption that the parcel in question, and any portion thereof, is encumbered with Green Acres restrictions, whether or not the parcel or portion of the parcel was removed by the local government unit from a subsequent ROSI.
(d) The local government unit shall bear the burden of proving the merits of any ROSI amendment request filed pursuant to (a) above. The failure of the local government unit to provide adequate documentation to support its request and/or to demonstrate that there is a bona fide inaccuracy in the ROSI shall be sufficient grounds for the Department to deny a request under this section.
(e) The addition of parcel(s) to a ROSI to update the ROSI as part of a Green Acres funding application under 7:36-6.4 or 12.4 or the removal of parcel(s) from the ROSI as a result of a transfer of parkland that complied with the requirements of 7:36-25.5 shall not constitute an amendment under this section; however, any other addition or removal of a parcel(s) from the ROSI or acreage changes to a previously-listed parcel(s) must still comply with the procedural requirements of this section.
(f) The Department shall consider the following in evaluating a ROSI amendment request:
1. The purpose for and the method by which the local government unit acquired the parcel, including whether' the local government unit acquired the parcel for recreation and conservation purposes or used a funding method that was dedicated to recreation and conservation purposes;
2. Any evidence relevant to the local government unit's intentions regarding the use of the parcel or portion of the parcel at the time of acquisition and at the time of receipt of Green Acres funding, including, but not limited to:
i. Whether the local government unit took any formal action to dedicate the parcel for recreation and conservation purposes;
ii. Whether the local government unit took any formal action to dedicate the parcel for any other purpose;
iii. Whether the parcel is identified with a recreation or conservation designation or as existing parkland on the official map of the municipality, on its zoning map, in the local government unit's master plan, or in any other official publication of the local government unit; or
iv. Whether the parcel is identified as parkland by signs placed by or approved by the local government unit or by any other means;
3. Any evidence relating to any use of the property for recreation and conservation purposes by the public at or prior to the time of receipt of Green Acres funding that was acknowledged, acquiesced, encouraged, funded, or supported by the local government unit, including whether recreation equipment was installed upon or other improvements were made to the property to facilitate use of the property for recreation and conservation purposes, by or with the authorization of the local government unit; and
4. Any evidence relating to the exemption of the property from Green Acres restrictions under N.J.S.A. 13:8A-47b(2)(a) or 13:8C-32b(2)(a) due to its inclusion in a redevelopment plan adopted pursuant to 40A:12A-7 prior to July 18, 2002. A local government unit claiming such exemption shall also demonstrate that:
i. The property was not acquired or developed for recreation or conservation purposes with financial assistance in whole or in part provided by the State; the Federal Land and Water Conservation Fund established under 16 U.S.C. §§ 4601-4 et seq.; the Federal "Urban Park and Recreation Recovery Act of 1978," 16 U.S.C. §§
												2501 et seq.; or a county or local open space trust fund created pursuant to 40:12-15.1 et seq.; and
ii. The local government unit has not adopted an ordinance or resolution specifically including the property on the ROSI.