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 7:36-25.15 - Designated commuter parking lots on parkland

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A local government unit may seek administrative approval from the Commissioner for the dual use of all or a portion of a parking lot located on, and which is used to provide public access to, funded or unfunded parkland as a designated commuter parking lot, provided the parking lot was constructed prior to June 30, 1999 and provided that no Green Acres funding was used to pay for construction of the parking lot.
(b) A local government unit seeking approval under (a) above shall:
1. Prior to submitting a request for administrative approval, hold at least one public hearing in the municipality where the parking lot is located in accordance with the change in purpose or use procedures at 7:36-25.6. The notices required by 7:36-25.6 shall specify that the public hearing will be conducted jointly by the local government unit and the Department, and a representative of the Department will participate in the public hearing; and
2. After the public hearing (including the public comment period required by 7:36-25.6(a)1  ) is concluded and the public comments have been reviewed, determine whether or not to proceed with the request for administrative approval from the Commissioner. If it makes a determination to proceed, the local government unit shall submit to the Department a written request for administrative approval which includes the following information:
i. Proof of publication, mailing and/or posting of the notices of public hearing required under 7:36-25.6(a)1;
ii. A copy of a transcript of the public hearing as required under 7:36-25.6(a)1;
iii. A summary of the public comments made at the public hearing and/or provided in writing during the public comment period and the local government unit's response to each of the public comments;
iv. Copies of any written information submitted by commenters at the public hearing;
v. Site maps, showing the location of the parking lot for which dual parkland and commuter use is proposed, the portion(s) of the parking lot proposed for commuter parking use and the location of improvements, if any, proposed for the parking lot for commuter parking purposes;
vi. A narrative description of the proposed dual use, including an explanation of whether dual use is proposed for all or a portion of the parking lot and whether dual use is proposed for a parking lot as it currently exists or if improvement of the parking lot is proposed. If improvements to the parking lot are proposed, the narrative description shall describe those improvements in detail. The narrative description shall also describe how the dual use of the parking lot will fulfill a compelling public need or yield a significant public benefit (as defined at 7:36-26.1(d)1  ), will not substantially inhibit use of the parking lot for public access to the lands for recreation and conservation purposes, and will not substantially harm the recreation and conservation purposes for which the parkland was acquired. The narrative description shall include an accounting of the spaces to be allocated to park users and to commuters, a showing that adequate parking will continue to be available to park users during periods of commuter parking use and a description of enforcement measures, if any, to be taken by the local government unit to ensure adequate public access to the parkland for recreation and conservation purposes. Examples of enforcement measures include, but are not limited to, signage, metering, and routine patrols;
vii. A copy of an ordinance or resolution adopted by the local government unit which holds the parkland, designating the parking lot for dual use as a public park access and commuter parking lot subject to the approval of the Commissioner under this section;
viii. Documentary proof that the parking lot was constructed prior to June 30, 1999 and that no Green Acres funding was used to pay for construction of the parking lot; and
ix. A narrative description of any impacts that the proposed dual use of the parking lot is likely to have on environmental, cultural, historical, archaeological or waterfront resources.