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 7:36-26.9 - Major disposals or diversions of parkland; pre-application requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to submitting an application for approval of a major disposal or diversion of parkland, a local government unit or nonprofit shall contact Green Acres to request information on the Department's rules pertaining to the proposed disposal or diversion of parkland and the related procedural requirements and to request a pre-application conference with Green Acres.
(b) A pre-application conference shall include a review of the applicable rules, procedures and forms, and a visit to the parkland that the local government unit or nonprofit is proposing to dispose of or divert and to the proposed replacement land that would be required pursuant to N.J.A.C. 7:36-26.10, if applicable. A pre-application conference may include a visit to the lands that the local government unit or nonprofit would identify in a pre-application as part of the alternatives analysis required under (d)2 below.
(c) Official representative(s) of the local government unit or nonprofit shall participate in the pre-application conference. Consultants or contractors of the local government unit or nonprofit may attend the pre-application conference.
(d) Subsequent to the pre-application conference, the local government unit or nonprofit may submit a pre-application that includes the following:
1. A detailed description of the proposed major disposal or diversion, including the following information:
i. Block(s) and lot(s) information for the parkland proposed for disposal or diversion;
ii. The acreage of the parkland proposed to be disposed of or diverted;
iii. The purpose of the project for which the disposal or diversion is proposed, including the intended future use and owner of the parkland;
iv. A description of how the proposed major disposal or diversion would fulfill a compelling public need or yield a significant public benefit, as defined at 7:36-26.1(d)1;
v. A description of how the parkland is proposed to be disposed of or diverted, including:
(1) The name of the prospective buyer, lessee, or grantee of an easement, as applicable;
(2) A description of the type of legal interest to be conveyed, if any; and
(3) A description of any conditions or restrictions on the intended use of the parkland proposed for disposal or diversion;
vi. If the project for which the disposal or diversion is proposed involves a lease or use agreement, a draft of the lease or use agreement and a statement of the total compensation proposed to be received by the applicant for the lease or use agreement;
vii. If the project for which the disposal or diversion is proposed involves tie construction of a building or infrastructure on the parkland proposed to be disposed of or diverted, a set of plans and specifications for the construction, if available;
viii. A general description of the natural features, history and current use of the parkland proposed to be disposed or diverted, including parkland contiguous to or functionally related to the land proposed to be disposed of or diverted; and
ix. A detailed description of the funded and/or unfunded recreation and conservation facilities and/or activities, if any, to be affected by the project for which the disposal or diversion is proposed, and an explanation of how they will be affected;