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

Universal Citation: NJ Admin Code 7:36-25.15

Current through Register Vol. 56, No. 18, September 16, 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.

(c) The Commissioner shall approve a request submitted under (b)2 above only if he or she finds, in consultation with the Commissioner of Transportation, that the following criteria are satisfied:

1. The local government unit which owns the parkland has adopted an ordinance or resolution 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;

2. The parking lot was constructed prior to June 30, 1999;

3. No Green Acres funding was used to pay for construction of the parking lot;

4. The additional use of the parking lot for commuter parking, and any improvements which may be made thereto, will fulfill a compelling public need or yield a significant public benefit;

5. The additional use of the parking lot for commuter parking, and any improvements which may be made thereto, will not substantially inhibit use of the parking lot for public access to the lands for recreation and conservation purposes; and

6. The additional use of the parking lot for commuter parking, and any improvements which may be made thereto, will not substantially harm the recreation and conservation purposes for which the lands were acquired.

(d) The Commissioner may condition the approval granted pursuant to (c) above as necessary to ensure that the requirements of (c)4 through 6 above continue to be met during the term of the approval. The conditions established by the Commissioner, may include, but are not limited to:

1. A limit on the term of the approval;

2. A limit on the number of spaces within the parking lot that are designated for commuter parking purposes;

3. The requirement that specified measures be undertaken by the local government unit to ensure adequate public access to the parking lot for recreation and conservation purposes; and

4. Maintenance requirements to be assumed by the local government unit requesting the approval.

(e) The Commissioner may revoke any approval granted pursuant to this section, after conducting at least one public hearing in the municipality in which the parkland is located, if the facts or findings upon which the approval was based have changed to the extent that the requirements for approval outlined in (c) above are no longer met.

(f) No improvements shall be made to any parking lot designated and approved for dual use as a public park access and commuter parking lot pursuant to this section without the approval of the Commissioner after the joint conduct by the local government unit or the Department of at least one public hearing on the proposed improvements in the municipality in which the parkland is located. Such approval shall be granted only if the Commissioner finds that the improvements meet the criteria set forth in (c) above and do not constitute an expansion of the parking lot.

(g) The expansion of any parking lot or the construction of any additional parking lot on parkland for which an approval for a dual use public park access and commuter parking lot has been granted by the Commissioner pursuant to this section shall be deemed to constitute a disposal or diversion of parkland and requires the approval of the Commissioner and the State House Commission under N.J.A.C. 7:36-26.

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