North Carolina Administrative Code › Title 07 - Natural and Cultural Resources › Chapter 13 - PARKS AND RECREATION AREA RULES › Subchapter K - PARKS AND RECREATION TRUST FUND GRANTS FOR LOCAL GOVERNMENT › Section .0100 - GENERAL PROVISIONS › Section 13K .0109 - SITE CONTROL AND RESTRICTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Land acquired with
				  PARTF assistance shall be restricted in perpetuity for local park and recreation
				  purposes for the use and benefit of the general public. The restriction shall be
				  recorded in the public property records by the grantee.
(b) The site of a PARTF project for development
				  shall be controlled, such as through fee simple ownership or long-term lease, by the
				  grantee by the closing date of the application submission period. Any lease
				  agreement shall extend for a minimum of 25 years unless the property is the subject
				  of a federal, State, or local leasing arrangement that provides assurance that 25
				  years of public recreational use will be maintained.
(c) Grantees shall assure that PARTF-assisted
				  development facilities are maintained and managed for public recreation use for a
				  minimum period of 25 years after the completion date set forth in the grant
				  agreement.
(d) PARTF-assisted land and
				  facilities shall not be converted to uses that are other than public recreation
				  without approval by the Department, in the following manner:
(1) A grant recipient shall request approval from
				  the Department before any conversion occurs.
(2) The grant recipient shall receive public
				  comments for a period of 30 days regarding the proposed conversion and address
				  comments received prior to forwarding a conversion request to the
				  Department.
(3) The Department shall
				  deny the request if approval would impede access to or result in a net loss of
				  recreational opportunities for the surrounding community.
(4) All conversions shall be mitigated with
				  measures determined by the Department and the grant recipient and approved by the
				  Department with advice from the Parks and Recreation Authority.
(5) The primary mitigation measure for a
				  conversion is to have the grantee replace, at its own expense, land acquired with
				  PARTF assistance with land of equal current fair market value and recreational
				  usefulness. Recreational usefulness shall be determined by public recreational need
				  in the surrounding community by the grantee, with approval by the Department.
				  Facilities built with PARTF assistance shall be replaced with facilities of equal
				  current replacement value, and recreational usefulness. Replacement areas shall
				  also:
(A) be within the grantee's jurisdictional
				  boundaries;
(B) provide or be part of a
				  recreation area; and
(C) be consistent
				  with all application requirements for a new PARTF application.
(6) Replacement property and facilities shall be
				  encumbered by the same obligations as specified in the project agreement and rules
				  of this Section for the converted property or facility.
(7) If the Department determines that the local
				  government cannot replace the land or facilities, the Department may mitigate the
				  conversion by the grantee repaying PARTF with funds equal to the current value of
				  the land or facilities.
(8) The
				  Department shall include provisions on conversions in all grant
				  agreements.