New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 26 - STANDARDS AND PROCEDURES FOR COMMISSIONER AND STATE HOUSE COMMISSION APPROVAL OF THE DISPOSAL OR DIVERSION OF FUNDED OR UNFUNDED PARKLAND › Section 7:36-26.11 - Major disposals or diversions of parkland; final application requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant that has been authorized by Green Acres under 7:36-26.9(h)3  to submit a final application for a major disposal or diversion of parkland shall submit the application to Green Acres within 180 days of such authorization and prior to scheduling a public hearing on the application.
(b) A final application shall include all information required for the pre-application and the following:
1. An appraisal of the parkland proposed to be disposed of or diverted and an appraisal of the replacement land proposed as compensation (if applicable), performed in accordance with the requirements of 7:36-8.3 or 19.3, as applicable. In any appraisal of parkland proposed to be disposed of or diverted, the value of the parkland shall be based on its highest and best use or the use intended subsequent to the disposal or diversion, whichever would result in a higher market value for the land. However, notwithstanding the provisions of this paragraph, no appraisal is required if the applicant has obtained an appraisal waiver pursuant to 7:36-26.10(1);
2. A title report for the proposed replacement land, as applicable, to-determine existing restrictions, encumbrances, easements, liens, or other factors which may affect the market value of the land;
3. Three copies of a land survey plan for the parcel of parkland proposed to be disposed of or diverted and, if applicable, two copies of a land survey plan for the proposed replacement land. Each survey plan shall:
i. Be done in compliance with the Local and Nonprofit Land Survey Overview, set forth herein as chapter Appendix 2. The Overview is available from Green Acres at PO Box 412, Trenton, New Jersey 08625 or on the Green Acres web page at
www.nj.gov/dep/greenacres
. Technical assistance regarding the preparation of the land survey is available from Green Acres;
ii. Show acreage, tax map references (blocks and lots) current as of the date of the plan, all easements of record, fences, improvements, encroachments, water courses, wetlands, and pertinent natural features; and
iii. Be submitted on paper (an original and two copies) and also electronically in a format compatible with the Mapping and Digital Data Standards at N.J.A.C. 7:1, Appendix A;
4. Two copies of metes and bounds descriptions for the parcel of parkland proposed to be disposed of or diverted and the proposed replacement land, corresponding to the surveys required under (b)3 above, stating acreage, submitted on the surveyor's letterhead, and signed and sealed by the surveyor;
5. A final compensation proposal based on the requirements of N.J.A.C. 7:36-26.10 and the information required under (b)1 through 4 above. The final compensation proposal shall include:
i. A narrative description of any replacement land, parkland improvements, lands to be acquired or replacement recreation and conservation facilities proposed by the applicant pursuant to N.J.A.C. 7:36-26.10;
ii. A description of the intended use for recreation and conservation purposes of any proposed replacement land or other land to be acquired; and
iii. If a preliminary assessment was prepared by the applicant for the proposed replacement land under 7:36-26.10(d)10  and does not identify any areas of concern, a certification, on a form obtained from Green Acres, by the chief executive officer of the applicant that the applicant has reviewed the preliminary assessment report and has determined to proceed with the application for approval of the disposal or diversion; or
iv. If a preliminary assessment was prepared by the applicant for the proposed replacement land under 7:36-26.10(d)10  and identifies one or more areas of concern, as defined under the Technical Standards for Site Remediation, N.J.A.C. 7:26E, a plan for addressing such areas of concern prior to the dedication of the replacement land as parkland;
6. Updated copies of any of the maps required under 7:36-26.9(d)9, if there have been any changes in the information depicted in the maps;
7. A proposed public notice for the public hearing required under (e) below, which notice shall comply with the requirements of (e)3 below; and
8. Any other information requested by the Department to clarify the final application requirements.