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 7:36-25.14 - Leases or use agreements regarding funded or unfunded parkland for purposes other than recreation and conservation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a local government or nonprofit unit seeks to enter into or to renew a lease or use agreement which would allow the use of funded or unfunded parkland or a recreation or conservation facility on the parkland for a beneficial public purpose other than a recreation and conservation purpose, the local government unit or nonprofit shall submit the proposed lease or agreement to the Department for approval at least 45 days before it intends to execute the lease or agreement. A lease or use agreement which would allow the use of funded parkland or unfunded parkland or a facility on the parkland for a public purpose other than recreation and conservation purposes but that is not approved by the Department is void and of no legal effect.
(b) The lease or agreement shall:
1. Describe the specific use to which the parkland or facility on the parkland will be put during the term of the lease or agreement and explain how this use will be beneficial to the public;
2. Establish the term of the lease or agreement pursuant to the following:
i. Except as allowed under ii below, the lease or agreement shall provide for a term of no more than two years, but may provide that the lessee or parkland user, upon a showing of good cause and with Department approval, may be granted one extension not to exceed six months;
ii. For leases of historic structures under (c) below, the lease or agreement shall generally provide for an initial term of no more than five years, but for good cause shown (such as the proposed construction of substantial capital improvements by the lessee or parkland user), the lease or agreement may provide for a longer initial term not of less than 25 years; or
iii. A lease or agreement that provides for a longer term than provided at (b)2i or ii above shall be deemed to constitute a diversion of parkland and requires the approval of the Commissioner and the State House Commission under N.J.A.C. 7:36-26;
3. Establish the renewal term for the lease or agreement as follows:
i. Except as allowed under (c) below for leases or agreements for the use of historic structures, the lease or agreement may not be renewed for any term after its initial term (including an extension authorized by the Department under (b)2i above), unless such renewal is approved by the Commissioner and the State House Commission as a diversion of parkland in accordance with N.J.A.C. 7:36-26; or
ii. For leases or agreement for the use of historic structures under (c) below, the lease or agreement shall establish that the local government unit or nonprofit may, subject the approval of the Department at the end of the initial term and each additional term, renew the lease or agreement at the end of the initial term and thereafter for additional terms. Any renewal term shall be for no more than five years, or for good cause shown less than 25 years, unless a longer renewal term is approved by the Commissioner and the State House Commission as a diversion of parkland in accordance with N.J.A.C. 7:36-26. The Department shall evaluate a request for renewal of a lease or agreement under the substantive standards for lease approval at (f) below;
4. Specify the payment, rental, or other consideration to be paid by the lessee or parkland user to the local government unit or nonprofit for the lease or use of the parkland or the facility on the parkland;
5. Require the lessee or parkland user to comply with the lease or agreement, the applicable requirements of this subchapter and any deed restrictions pertaining to the parkland;
6. Specify that any activities conducted on parkland under the lease or agreement are governed by the lease or agreement, the requirements of this chapter and any deed restrictions pertaining to the parkland;
7. Require the lessee or parkland user to name the Department as an additional insured under any insurance policy required by the lease or agreement, such that the Department shall have in all respects at least the same protections as the policy provides to the lessee, parkland user, local government unit or nonprofit; and
8. If applicable, require the restoration of the parkland to its pre-lease or pre-agreement condition or to an improved condition in accordance with a restoration plan approved by the Department.