New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 20 - NONPROFIT ACQUISITION PROJECTS: PROJECT AGREEMENT, NEGOTIATIONS FOR PURCHASE OF PROJECT SITE, SUPPLEMENTAL FUNDING, DISBURSEMENTS, ACCOUNTING AND RECORDKEEPING REQUIREMENTS › Section 7:36-20.1 - 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 nonprofit and the Department. The project agreement shall set out the rights and responsibilities of the nonprofit and the Department in regards to the acquisition project and shall contain all information identified in (c) below.
(b) Green Acres shall send the project agreement to the nonprofit for approval and signature after the funding award made under 7:36-19.1(b)  has received legislative appropriation. The nonprofit shall ensure that the project agreement is approved and signed by the nonprofit's attorney, and executed by the person authorized under the resolution described at 7:36-17.4(a)2 or (b)2, unless the nonprofit submits an updated resolution.
(c) The project agreement shall contain:
1. An identification of the project site;
2. The estimated cost of acquisition of the project;
3. The amount of the Green Acres funding award pursuant to 7:36-19.1(b)  and the nonprofit's matching share of the cost of acquisition;
4. The following conditions:
i. That the nonprofit shall make and keep the lands accessible to the public;
ii. That the nonprofit shall agree not to convey the lands unless:
(1) The transferee is the State, a local government unit, another nonprofit, or the Federal government, if permitted by the applicable Green Acres law;
(2) The lands will continue to be held for public recreation and conservation purposes; and
(3) The Commissioner approves the transfer in writing prior to the nonprofit's offering, for sale or conveyance, of any of its interest in the project site. This requirement for written approval is met if an intended transferee is named in the project agreement executed under this section; and
iii. That the nonprofit shall agree to execute and donate to the State, at no charge, a permanent conservation restriction, historic preservation restriction, or both, or a Secondary Right of Enforcement, as applicable, prepared and approved by the State. The conservation or historic preservation restriction shall include:
(1) The conditions governing the use, future development, and maintenance of the project site; the public access to the project site; and the conveyance of any interest in the project site;
(2) The State's right to enforce the conditions of the restriction; and
(3) The remedies available to the State in the event the nonprofit does not comply with the conditions of the restriction;
5. Any other special conditions;
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 and project administration;
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.