reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 21 - NONPROFIT DEVELOPMENT PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS › Section 7:36-21.2 - Eligible projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Developments for recreation and conservation purposes, as defined at 7:36-2.1, are eligible for Green Acres funding. A development project may include, for example:
1. Construction of a facility that will support the increased public use or enjoyment of outdoor recreation and conservation land, such as a facility for outdoor games and sports, winter sports, boating, picnicking, fishing, biking, hiking, swimming, camping, nature and historic interpretation, or similar activities;
2. Lighting for an existing recreational or conservation facility;
3. A parking area that supports an outdoor recreation or conservation project;
4. A restroom or comfort facility, park administrative office, maintenance and storage area, or other similar structure that supports outdoor recreation or conservation;
5. A structure that partially encloses an outdoor recreation facility;
6. Restoration or rehabilitation of a facility that was developed 20 or more years before the date of the nonprofit's application with funding from Green Acres or under the Land and Water Conservation Fund Act of 1965, 16 U.S.C. §
											4601, the Urban Park and Recreation Recovery Program, 16 U.S.C. §
											2501, or any other Federal or State funding program administered through Green Acres. A facility that was developed with such funding fewer than 20 years before the date of the application may be eligible under this paragraph if the nonprofit demonstrates that the restoration or rehabilitation is necessary due to normal wear and tear on the facility and not to abuse, neglect, or vandalism;
7. Other development that supports the use of an existing recreation or conservation facility held by the nonprofit, provided that the existing recreation or conservation facility shall be subject to the Green Acres restrictions applicable to funded parkland upon completion of the supporting facility developed with Green Acres funding; and
8. Dredging of a pond, lake, or segment of a stream or river consistent with 7:36-21.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 21 - NONPROFIT DEVELOPMENT PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS › Section 7:36-21.3 - Ineligible projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following types of development projects are not eligible for Green Acres funding:
1. Any facility or structure that does not support outdoor recreation or conservation;
2. Any facility to which public access is not provided;
3. A professional sports facility;
4. Any development that will significantly impair the land's natural resources, as determined by Green Acres;
5. Shore protection or beach renourishment or replenishment activities that are eligible for funding under the Department's Shore Protection Program, administered by the Bureau of Coastal Engineering in the Office of Engineering and Construction. Information about the Shore Protection Program is available at
www.nj.gov/dep/shoreprotection
or by contacting the Bureau of Coastal Engineering at 1510 Hooper Avenue, Toms River, New Jersey 08753;
6. Any development project that will use tropical hardwood; and
7. A structure that entirely encloses an outdoor recreation facility on a temporary or permanent basis.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 21 - NONPROFIT DEVELOPMENT PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS › Section 7:36-21.4 - Dredging of a pond, lake, or segment of a stream or river

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The dredging of a pond, lake, or segment of a stream or river is eligible for Green Acres funding as a development project if:
1. The dredging would enhance public recreational use of the water body and surrounding parkland or support natural resource protection;
2. The pond, lake, or segment of a stream or river is held by the nonprofit;
3. The nonprofit provides public access to the water area;
4. Green Acres has not previously funded the dredging of the pond, lake, or segment of stream or river;
5. The nonprofit incorporates into the dredging project long-term corrective features such as on-site sedimentation basins and other methods of maintaining the depth of the dredged area; and
6. The nonprofit plans its project in consultation with the appropriate Soil Conservation District and obtains all necessary permits.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 21 - NONPROFIT DEVELOPMENT PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS › Section 7:36-21.5 - Development on landfills

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A nonprofit seeking Green Acres funding for the development of a facility for recreation and conservation purposes on a closed landfill shall submit the following with its application under 7:36-22.4:
1. The preliminary assessment required under 7:36-23.4;
2. Verification that the landfill is properly closed, in compliance with the Solid Waste Management Act, 13:1E-1 et seq., and its implementing rules; for landfills in the Pinelands, in compliance with the Pinelands Comprehensive Management Plan; or, for landfills in the Meadowlands District, in compliance with the New Jersey Meadowlands Master Plan and District Solid Waste Management Plan. Such verification shall include a copy of the closure approval letter from the Department's Division of Solid and Hazardous Waste or the equivalent written approval from the Pinelands Commission or Meadowlands Commission, if applicable;
3. A site map and narrative, including:
i. The general types, locations, and depth of waste on the site;
ii. The thickness and type of cover materials; and
iii. The dates the landfill was in use;
4. Detailed results of testing of soil borings, surface water, and ground water, if any; and
5. A copy of the application for a Landfill Disruption Approval for the project, pursuant to the Department's Division of Solid and Hazardous Waste rules at 7:26-2A.8(j), or equivalent document from the Pinelands Commission or Meadowlands Commission.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 21 - NONPROFIT DEVELOPMENT PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS › Section 7:36-21.6 - Allowable project costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For development projects, the following types of costs are allowable, provided the nonprofit incurs such costs in conformance with all applicable laws, as well as the Local Public Contracts Law, 40A:11-1 et seq.:
1. Construction costs;
2. Engineering costs associated with facility design and preparation of plans and specifications, supervision, and inspection, not to exceed 13 percent of the construction costs submitted by the local government unit and approved for Green Acres funding;
3. Incidental costs, individually itemized, associated with the implementation of the development project, including the cost of advertising, archaeological, architectural, conservation, financial, geological, historic research, hydrological, legal, or other professional advice, estimates, reports, services, or studies and the cost of preliminary planning and engineering necessary for the preparation of the application, provided such costs are not also included in the costs listed at (a)1 or 2 above. Incidental costs are limited to a maximum of two percent of the construction costs submitted by the nonprofit and approved for Green Acres funding, or $20,000, whichever is less;
4. Permit fees associated with the development project;
5. Costs of equipment required to make the facility operational; and
6. Costs of the preliminary assessment, when completed in accordance with N.J.A.C. 7:26E, as required under 7:36-23.4, and further testing as determined by the Department, based on findings and recommendations of the preliminary assessment.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 21 - NONPROFIT DEVELOPMENT PROJECTS: PROJECT ELIGIBILITY, CONDITIONS, AND LIMITATIONS › Section 7:36-21.7 - Matching share; donations toward the cost of development

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The nonprofit may use as its matching share of the allowable costs of the development project its own funds or grants, contributions, donations, or reimbursements from State or Federal programs or from other public or private sources, except as described at (b) below.
(b) A nonprofit shall not use as its matching share of the cost of development:
1. Any funding provided under the Green Acres laws;
2. Any funding provided under the Garden State Preservation Trust Act administered by any State agency; or
3. The value of any donated goods and services that have not been obtained in conformance with the Local Public Contracts Law, 40A:11-1 et seq.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 22 - NONPROFIT DEVELOPMENT PROJECTS: APPLICATION PROCESS › Section 7:36-22.1 - Timing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A nonprofit may submit an application for Green Acres funding at any time.
(b) At least two times each State fiscal year, the Department shall rank all complete applications in accordance with 7:36-23.2 and shall submit to the Garden State Preservation Trust a list of projects that the Department recommends to receive funding awards in accordance with 7:36-23.3.
(c) At least two times each State fiscal year, the Garden State Preservation Trust shall approve projects from the list described at (b) above and shall prepare and submit for introduction in the Legislature proposed legislation appropriating moneys to fund the approved projects.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 22 - NONPROFIT DEVELOPMENT PROJECTS: APPLICATION PROCESS › Section 7:36-22.2 - Preapplication procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department encourages nonprofits to attend a Green Acres sponsored informational workshop, when offered, and to request a preapplication conference with Green Acres as early as possible, prior to application submission, to discuss project eligibility, award criteria and application and project administration requirements.
(b) At least 15 days prior to submitting an application to Green Acres, the nonprofit shall publish a display ad in the official newspaper of each municipality in which the proposed project site is located, stating that the nonprofit intends to submit an application for Green Acres funding and notifying the public that the application will be available for review at the Green Acres offices. The nonprofit shall also send the notice to the clerk(s) of the municipality(ies) in which the proposed project site is located.
(c) For a development project potentially involving a riparian interest, a nonprofit shall contact the Bureau of Tidelands Management within the Department to determine the State's interest or claim in the proposed project site and forward the results of the inquiry with their application for Green Acres funding. Information about riparian lands can be found at
www.nj.gov/dep/landuse/tideland.html
or by writing to Bureau of Tidelands Management, Land Use Regulation Program, PO Box 439, Trenton, New Jersey 08625.
(d) For a development project that impacts an undisturbed portion of the project site, the nonprofit shall submit a Natural Heritage Data Request Form (available from the Department's Office of Natural Lands Management at
www.nj.gov/dep/parksandforests/natural/heritage/datareq.html
or by writing to Natural Heritage Program, P.O. Box 404, Trenton, New Jersey 08625-0404). The results of the search must be attached to and discussed in the environmental assessment submitted as part of the nonprofit's application for Green Acres funding at 7:36-12.4. The Department encourages each nonprofit also to review and consider the applicable Landscape Maps, developed by the Department's Division of Fish and Wildlife, during the formulation of its recreation and planning goals, and as part of its preparation of a Green Acres application. Information about the Landscape Maps can be found at
www.nj.gov/dep/fgw/ensp/landscape
or by writing to the Division of Fish & Wildlife, P.O. Box 400, Trenton, New Jersey 08625-0400.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 22 - NONPROFIT DEVELOPMENT PROJECTS: APPLICATION PROCESS › Section 7:36-22.3 - At-risk authorization to proceed with development

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After submission of an application for development funding, the nonprofit may request approval from Green Acres to proceed with a development project at its own risk.
(b) Green Acres shall issue an at-risk authorization when the proposed development complies with the eligibility requirements under N.J.A.C. 20.2, and for good cause shown.
(c) The Garden State Preservation Trust is not obligated to award funding for any development project for which Green Acres issues an at-risk authorization under (b) above.
(d) A nonprofit is not obligated to develop any project for which it receives an at-risk authorization under (b) above.
(e) The development of a project site completed under an at-risk authorization must comply with the requirements of this chapter to remain eligible for Green Acres reimbursement.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 23 - NONPROFIT DEVELOPMENT PROJECTS: AWARD CRITERIA, APPLICATION RANKING, APPROVAL PROCEDURES › Section 7:36-23.2 - Ranking

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of an application containing all the information required under 7:36-22.4, Green Acres shall determine if the project is eligible for funding in accordance with the requirements of 7:36-21.2.
(b) If the development project is eligible for Green Acres funding, the Department shall determine the total number of priority points assigned to the project based on the project award criteria described in 7:36-23.1.
(c) The Department shall rank the projects on a priority list according to the total number of priority points assigned each project, with the project assigned the greatest total number of priority points ranking first.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 23 - NONPROFIT DEVELOPMENT PROJECTS: AWARD CRITERIA, APPLICATION RANKING, APPROVAL PROCEDURES › Section 7:36-23.4 - Preliminary assessment report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The nonprofit must obtain a preliminary assessment report of the project site prepared in accordance with the Technical Requirements for Site Remediation, N.J.A.C. 7:26E. Upon receipt of the preliminary assessment report, Green Acres shall determine if the report contains the required information and shall notify the nonprofit as follows:
1. If the preliminary assessment report does not contain the required information, Green Acres shall send the nonprofit a deficiency letter identifying the additional information that must be submitted. The nonprofit shall submit the information by the date specified in the letter.
2. If the preliminary assessment report contains the required information and does not identify any areas of concern, as defined under the Technical Requirements for Site Remediation:
i. Green Acres shall send the nonprofit a letter acknowledging the sufficiency of the preliminary assessment report;
ii. The chief executive officer of the nonprofit shall certify, on a form provided by Green Acres with the sufficiency letter, that the nonprofit has reviewed the preliminary assessment report and has determined to proceed with the development of the project site; and
iii. The nonprofit shall return the certification to Green Acres within 30 days of the date of the sufficiency letter. Green Acres shall not disburse any funding under 7:36-24.5 until it is in receipt of this certification.
3. If the preliminary assessment report contains the required information and identifies one or more areas of concern, as defined under the Technical Requirements for Site Remediation:
i. Green Acres shall send a letter notifying the nonprofit that the areas of concern must be addressed to the Department's satisfaction before the nonprofit starts construction of the development project;
ii. Once the areas of concern have been addressed to the Department's satisfaction, the nonprofit shall submit evidence of such to Green Acres;
iii. Once Green Acres has reviewed and approved the nonprofit's submission, Green Acres shall send the nonprofit a letter of sufficiency;
iv. The chief executive officer of the nonprofit shall certify, on a form provided by Green Acres with the sufficiency letter, that the nonprofit has reviewed the preliminary assessment report and the manner in which the areas of concern have been addressed, and has determined to proceed with the development of the project site; and
v. The nonprofit shall return the certification to Green Acres within 30 days of the date of the letter of sufficiency. Green Acres shall not disburse any funding under 7:36-24.5 until it is in receipt of this certification.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 24 - NONPROFIT DEVELOPMENT PROJECT: PROJECT AGREEMENT, BID PROCEDURES, SUPPLEMENTAL FUNDING, CONSTRUCTION REQUIREMENTS, SITE INSPECTIONS, DISBURSEMENT OF MATCHING GRANT, PROJECT CLOSEOUT, ACCOUNTING AND RECORDKEEPING › Section 7:36-24.2 - Bid procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of the construction plans, the Pre-Construction Engineering Certification, and the Development Compliance Checklist required under N.J.A.C. 7:36-23.3(d), the certification from the nonprofit's chief executive officer regarding the preliminary assessment required under 7:36-23.4, and proof that all necessary permits, approvals, or waivers have been obtained, Green Acres shall conduct a review. If any changes to the plans or documents are required, Green Acres will send the nonprofit a letter requesting the necessary changes. Once Green Acres approves the submitted documents and verifies that the construction plans are consistent with the approved project scope, Green Acres will send the nonprofit a proceed to bid letter.
(b) After receipt from Green Acres of the proceed to bid letter, the nonprofit shall solicit bids on the project contracts in conformance with the Local Public Contracts Law, 40A:11-1 et seq.
(c) The nonprofit shall include the following statement in each advertisement and invitation to bid:
"Please be advised that State funds through the Green Acres Program are being utilized in this project. Under N.J.A.C. 7:1-5, vendors currently suspended, debarred, or disqualified are excluded from participation on this project."
(d) All bid specifications and contracts shall require that all facilities must be constructed in accordance with all applicable State and local construction codes.
(e) The nonprofit shall submit the Local Public Contracts Law certification required under 7:36-23.3(d) immediately upon execution of each contract for professional services or construction.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 24 - NONPROFIT DEVELOPMENT PROJECT: PROJECT AGREEMENT, BID PROCEDURES, SUPPLEMENTAL FUNDING, CONSTRUCTION REQUIREMENTS, SITE INSPECTIONS, DISBURSEMENT OF MATCHING GRANT, PROJECT CLOSEOUT, ACCOUNTING AND RECORDKEEPING › Section 7:36-24.3 - Supplemental funding

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A nonprofit may request, in writing, supplemental funding if:
1. The nonprofit has solicited bids on the project at least two times, and the bid selected or the negotiated contract amount for the project's construction, plus the other allowable project costs listed at 7:36-21.6, exceed the funding amount awarded under 7:36-23.3(b)  plus the nonprofit's matching share of the allowable project costs;
2. The nonprofit incurs contract cost overruns and has submitted to Green Acres a copy of the change order(s) for the cost overruns under 7:36-24.4(c); or
3. The amount of the Green Acres funding award approved by the Garden State Preservation Trust in 7:36-23.3 plus the nonprofit's matching share of the development project is less than the estimated cost of the development project submitted with the application in 7:36-22.4.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 24 - NONPROFIT DEVELOPMENT PROJECT: PROJECT AGREEMENT, BID PROCEDURES, SUPPLEMENTAL FUNDING, CONSTRUCTION REQUIREMENTS, SITE INSPECTIONS, DISBURSEMENT OF MATCHING GRANT, PROJECT CLOSEOUT, ACCOUNTING AND RECORDKEEPING › Section 7:36-24.4 - Construction requirements; site inspections

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Green Acres shall periodically inspect the project to ensure compliance with the project agreement established under 7:36-24.1.
(b) The nonprofit is responsible for supervising the construction of the project and for ensuring that all construction contract specifications are met.
(c) The nonprofit shall submit to Green Acres a copy of each change order processed in accordance with the Local Public Contracts Law, 40A:11-1 et seq. Green Acres encourages the nonprofit to submit all change orders before the nonprofit undertakes the work covered by the change order to ensure that the proposed costs are allowable under the project agreement.
(d) The nonprofit shall erect and maintain for the duration of the project a construction sign that identifies the project as Green Acres funded and meets Green Acres' specifications for size, content and design provided with the procedural letter at 7:36-23.3(d).
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 24 - NONPROFIT DEVELOPMENT PROJECT: PROJECT AGREEMENT, BID PROCEDURES, SUPPLEMENTAL FUNDING, CONSTRUCTION REQUIREMENTS, SITE INSPECTIONS, DISBURSEMENT OF MATCHING GRANT, PROJECT CLOSEOUT, ACCOUNTING AND RECORDKEEPING › Section 7:36-24.5 - Disbursement of matching grant

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Green Acres shall disburse the matching grant in advance of the nonprofit's incurring allowable project costs, or as reimbursement of accrued allowable project costs.
(b) For each request for payment, the nonprofit shall submit:
1. A Development Payment Request form that Green Acres provides with the fully executed project agreement under 7:36-24.1(c), with the following items completed:
i. The project name, name of nonprofit, and municipality and county in which the project site is located;
ii. An itemized statement of the costs incurred or to be incurred; and
iii. A certification by the nonprofit's chief financial officer that the information entered on the payment request form is accurate and that the nonprofit is maintaining an accurate record of accounts for the project, including cancelled checks and vouchers which must be submitted to Green Acres upon request.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 24 - NONPROFIT DEVELOPMENT PROJECT: PROJECT AGREEMENT, BID PROCEDURES, SUPPLEMENTAL FUNDING, CONSTRUCTION REQUIREMENTS, SITE INSPECTIONS, DISBURSEMENT OF MATCHING GRANT, PROJECT CLOSEOUT, ACCOUNTING AND RECORDKEEPING › Section 7:36-24.6 - Project closeout

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The nonprofit shall notify Green Acres when the development project is complete.
(b) Upon receipt of the notification under (a) above, Green Acres shall send to the nonprofit a project closeout letter that directs the nonprofit to submit to Green Acres a copy of each of the following:
1. A post-construction certification, on a form provided by Green Acres with the closeout letter, by a New Jersey licensed landscape architect, architect, or engineer that the project has been completed substantially in accordance with the construction plans submitted under 7:36-23.3(d)  and describing any variation between the completed project and the construction plans;
2. A record drawing showing the project as built; and
3. Digital images and prints that clearly show the development project, as completed.
New Jersey Administrative Code › Title 7 - ENVIRONMENTAL PROTECTION › Chapter 36 - GREEN ACRES PROGRAM › Subchapter 24 - NONPROFIT DEVELOPMENT PROJECT: PROJECT AGREEMENT, BID PROCEDURES, SUPPLEMENTAL FUNDING, CONSTRUCTION REQUIREMENTS, SITE INSPECTIONS, DISBURSEMENT OF MATCHING GRANT, PROJECT CLOSEOUT, ACCOUNTING AND RECORDKEEPING › Section 7:36-24.7 - Accounting and recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The nonprofit shall maintain and make available to the Department for inspection upon request all financial documents and records related to the project that are required to be maintained in accordance with (e) below.
(b) The nonprofit, its contractors, and subcontractors shall employ generally accepted accounting procedures that adequately identify the costs associated with the Green Acres matching grant.
(c) The nonprofit shall maintain separate records for each project including the amount, receipt, and disposition of all funding received for the project, including Green Acres matching grants, and contributions, gifts, or donations from any other sources.
(d) The nonprofit shall conduct annual audits and submit audit reports in conformance with the Single Audit Act of 1984, P.L. 98-502 and the Single Audit Act Amendments of 1996, P.L. 104-156 ( 31 U.S.C. §§
										7501 et seq.), Federal Office of Management and Budget (OMB) Circular A-133: "Audits of States, Local Governments, and Non-Profit Organizations," incorporated herein by reference, and State OMB Circular 04-04: "Single Audit Policy for Recipients of Federal Grants, State Grants and State Aid," incorporated herein by reference.
1. Audit reports shall address the nonprofit's compliance and all specific instances of noncompliance with the material terms and conditions of the project agreement and applicable laws and regulations.
2. Audit reports shall contain an itemized schedule of all project-related financial assistance received by the nonprofit identifying: grantor agency, program title, State account number, and total disbursement.
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 7:36-25.4 - Development of parkland acquired as part of a grant incentive project

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section establishes the procedures and requirements for any development of parkland acquired by a local government unit prior to June 30, 1999 as part of a grant incentive project.
(b) A local government unit may develop parkland acquired as part of a grant incentive project for the preservation of environmentally significant areas under the following procedures and requirements:
1. If the proposed development consists of de minimis development (for example, the installation of unpaved paths, trails, boardwalks, or minor landscaping), the local government unit need not obtain prior approval from the Department provided the following conditions are met:
i. The proposed development meets all special conditions in the project agreement; and
ii. The proposed development supports the use of the parkland for recreation and conservation purposes and will have no significant adverse impact on the natural resource values of the parkland.
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 7:36-25.8 - Construction of buildings on unfunded parkland; use of buildings on unfunded parkland

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A local government unit shall not construct a building on unfunded parkland unless the building directly supports the use of the parkland for recreation and conservation purposes or is to be used for public indoor recreation as defined at 7:36-2.1, and the local government unit complies with the change in use procedures at 7:36-25.6 (as applicable).
(b) A local government unit may use a building that existed on unfunded parkland as of the time of receipt of Green Acres funding as a new community center, recreation center or museum, provided the local government unit or nonprofit complies with the change in use procedures at 7:36-25.6.
(c) A local government unit may use a building that existed on unfunded parkland as of the time of receipt of Green Acres funding as a caretaker or park employee residence under a lease or other agreement approved in advance by the Department under 7:36-25.13.
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 7:36-25.9 - Fees for use of funded parkland and recreation and conservation facilities on funded parkland

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A local government unit or nonprofit may establish a fee schedule for the use of funded parkland or for the use of recreation and conservation facilities on funded parkland, provided that the fees conform with (b) and (c) below.
(b) The fees shall not be so excessive as to discourage reasonable public access.
(c) The fees may be established in the following categories:
1. Yearly, seasonal, monthly, weekly, daily, single use or hourly. However, if the local government unit or nonprofit establishes yearly, seasonal, monthly and/or weekly fees, it shall also establish daily or single use fees;
2. Individual, group, team or family;
3. Local government unit resident or non-resident. However, the fee charged to a non-resident who lives in the State shall not be greater than two times the fee charged to a local government unit resident;
4. Handicapped, senior citizen, youth or student; and
5. Nonprofit, for profit or corporate.
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 7:36-25.10 - Public access to and use of funded parkland

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A local government unit or nonprofit shall ensure that funded parkland is open and that reasonable public access, as determined by the Department, is afforded to all New Jersey residents.
(b) A local government unit or nonprofit that intends to close an area of funded parkland to public access or use for more than 30 days in order to protect public safety, conduct routine maintenance, or protect a specific natural or cultural resource shall notify Green Acres in writing in advance of the closure. The local government unit or nonprofit shall post a sign at the area being closed that states the reason for the closure and, if known, the date of anticipated reopening of the area.
(c) A local government unit or nonprofit may schedule the use of a recreation and conservation facility to accommodate organized sports or other recreation or conservation purposes. However, the local government unit or nonprofit shall not schedule the use of a facility in such a way that the public is denied reasonable access to or use of the facility, and the local government unit or nonprofit shall provide public access to another comparable facility for the period for which access to the recreation and conservation facility is scheduled.
(d) A local government unit or nonprofit shall not enter into exclusive use agreements or allow discriminatory scheduling of the use of the funded parkland or its recreation and conservation facilities based on residency or otherwise in violation of the Law Against Discrimination, 10:5-1 et seq., or other applicable law.
(e) If yearly or seasonal rentals, reservations, memberships or permits are offered for the use of recreation and conservation facilities on funded parkland, such as marina slips, swimming pools, ice rinks, tennis courts, golf courses, or athletic fields, and the demand for such rentals, reservations, memberships or permits exceeds the available supply, the local government unit or nonprofit shall:
1. Conduct a fair and equitable system to distribute the rentals, reservations, memberships or permits;
2. Limit the time period for rentals of marina slips to a maximum of five years;
3. Limit the time period for other rentals, reservations, memberships or permits to a maximum of two years; and
4. Provide for daily or one-time use of the facilities as required under 7:36-25.9(c).
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 7:36-25.11 - Fees for use of unfunded parkland and recreation and conservation facilities on unfunded parkland; public access to and use of unfunded parkland

Current through Register Vol. 56, No. 14, July 15, 2024
A local government unit shall ensure that undeveloped unfunded parkland is open and reasonable public access is afforded to all New Jersey residents. A local government unit that operates or develops a recreation and conservation facility on unfunded parkland without Green Acres funding may adopt fees and schedule the use of that facility at its discretion.
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 7:36-25.12 - Posting of signs on funded parkland

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall provide each local government unit or nonprofit that is awarded Green Acres funding for the acquisition of parkland or the development of parkland or a recreation and conservation facility on parkland with one or more signs that identify the parkland or facility as a Green Acres funded site dedicated to permanent recreation and open space. The local government unit or nonprofit shall post the sign(s) in a prominent place or places on the funded parkland or, as applicable, at the recreation and conservation facility, and shall maintain such sign(s).
(b) If a local government unit or nonprofit receives approval to divert or dispose of funded parkland under the procedures at N.J.A.C. 7:36-26, the local government unit or nonprofit shall relocate the sign identifying the parkland and/or recreation and conservation facility as a Green Acres funded site to the replacement land and/or recreation and conservation facility approved by the Commissioner and the State House Commission.
(c) Except as provided in (a) and (b) above, the local government unit or nonprofit shall not post temporary or permanent signs on funded parkland, except:
1. The park closure sign(s) required under 7:36-25.10(b);
2. The Green Acres construction sign(s) required under 7:36-14.4 or 24.4;
3. Signs that acknowledge sponsors of or contributors to the acquisition or development of the parkland, donors of equipment or services in support of the operation and/or maintenance of the parkland or recreation and conservation facility(ies), or other entities that conduct activities on behalf of the parkland, including the managing agency for the parkland;
4. Signs which describe or enhance the use of parkland for recreation and conservation purposes, including, but not limited to, signs identifying the park and any facilities within the park, park entrance, interpretive and directional signs, historic markers, property boundary signs, hazard warning signs, "no hunting" signs or other similar signs;
5. Commemorative or memorial signs or plaques; and
6. Public hearing notice signs required under this chapter.
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 7:36-25.16 - Adjudicatory hearing requests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A local government unit, or any other person with a constitutional right to request a hearing, that is aggrieved by one of the following decisions by the Department may request an adjudicatory hearing:
1. Denial of a ROSI amendment request under 7:36-25.3(g); or
2. A determination under 7:36-25.3(g)  that a parcel was held for recreation and conservation purposes at the time of receipt of Green Acres funding.
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 7:36-26.2 - Minor and major disposals or diversions of funded or unfunded parkland

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall classify a proposed disposal or diversion of funded or unfunded parkland as either a minor or major disposal or diversion. A local government unit or nonprofit shall utilize the procedures set forth at 7:36-26.3 through 26.6 to apply for approval of a minor disposal or diversion of parkland. A local government unit or nonprofit shall utilize the procedures set forth at 7:36-26.7 through 26.11 to apply for approval of a major disposal or diversion.
(b) The Department will classify the following as a minor disposal or diversion of parkland:
1. A diversion through the granting of an easement, whether surface or subsurface, over, under or through up to one acre of parkland, provided the following criteria are met:
i. The easement will be granted to a public entity or the agent of a public entity for a project that serves a public purpose;
ii. The easement will occupy less than 10 percent of the total area of the parkland parcel;
iii. The total cumulative area of parkland affected by the project for which the easement is requested is limited as follows, whether the request for disposal or diversion of parkland is made in a single application or incrementally through multiple applications submitted in phases over time:
(1) If only one parkland parcel is affected by the project, the total area of parkland disposed of or diverted for the project, including the area affected by the easement, will not exceed one acre; and
(2) If more than one parkland parcel is affected by the project, the total area of parkland disposed of or diverted for the project, including the area affected by easement, will not exceed two acres.
iv. The easement will not have a significant adverse impact on the intended use by the applicant or the public of the parkland parcel and of any surrounding parkland and will not result in any permanent net loss of recreation and conservation facilities; and
v. The easement will not have a significant adverse impact on the natural resource values of the parkland parcel and of any surrounding parkland;
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 7:36-26.5 - Minor disposals or diversions of parkland; compensation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant shall, except as provided at (a)3 below, compensate for a minor disposal or diversion of parkland with eligible replacement land or monetary compensation to be used for the acquisition of land for recreation and conservation purposes or parkland improvements. The minimum compensation required for the minor disposal or diversion of parkland is as follows:
1. For a disposal or diversion of parkland that consists of the granting of an easement over, under or through up to one acre of parkland and that is classified under 7:36-26.2(b)1  as a minor disposal or diversion of parkland:
i. The minimum compensation for the diversion is $ 2,500 for the first 0.10 of an acre of parkland to which the easement would apply and $ 1,000 for every additional tenth of an acre subject to the easement (or partial tenth of an acre, if the area to which the easement applies exceeds a multiple of 0.10 acre); or
ii. If the adjusted tax assessed value or estimated or appraised market value of the impact of the easement on the parkland, as determined pursuant to (d) below, exceeds the minimum compensation due, as calculated pursuant to (a)1i. above, Green Acres shall require payment of the adjusted tax assessed value or estimated or appraised market value instead of the minimum compensation;
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 7:36-26.6 - Minor disposals or diversions of parkland; final application requirements; public hearing requirements; procedure for Commissioner and State House Commission review and approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant that has been authorized under 7:36-26.4(h)3  to submit a final application seeking approval for a minor disposal or diversion of parkland shall submit the final application within 180 days of the authorization and prior to scheduling a public hearing on the application. The final application shall include the following:
1. A land survey plan for the parcel of parkland proposed to be disposed of or diverted and the proposed replacement land, if applicable. The survey plan shall:
i. Be prepared 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 webpage 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;
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 7:36-26.8 - Major disposals or diversions of parkland; scoping hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to submitting a pre-application to Green Acres for a major disposal or diversion of parkland under 7:36-26.9, a local government unit or nonprofit intending to seek approval of a major disposal or diversion of parkland shall conduct a scoping hearing to solicit preliminary public comment on the proposed disposal or diversion. A scoping hearing shall be conducted in accordance with the following:
1. The scoping hearing shall be held in the municipality in which the parkland proposed for disposal or diversion is located. If the parkland is located in more than one municipality, the applicant shall conduct a scoping hearing in each affected municipality or in a central location approved by the Department;
2. The local government unit or nonprofit shall provide notice of the scoping hearing in accordance with (c) below. In addition, the local government unit or nonprofit is encouraged to issue a press release prior to the scoping hearing;
3. All scoping hearings shall be conducted on a weekday in the evening; and
4. The local government unit or nonprofit shall produce a transcript is made of the public hearing for submission to the Department under (e) below.