Current through Register Vol. 56, No. 24, December 18, 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.
2. If the
proposed development consists of development other than de minimis development,
the local government unit may proceed with the development provided the
following conditions are met:
i. The proposed
development meets all special conditions in the project agreement;
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;
iii. If the proposed
development is to be located in the area(s) delineated on the project reference
map as areas in which development for recreation and conservation purposes is
not expected to adversely impact the natural resource values of the parkland,
the local government unit shall, prior to commencing construction:
(1) As applicable, satisfy the procedural
requirements for a change in purpose or use of funded parkland at
N.J.A.C.
7:36-25.6, including, but not limited to, the
requirement for a public hearing; and
(2) Obtain the Department's approval for any
building to be constructed as part of the development in accordance with
N.J.A.C.
7:36-25.7; and
iv. If the proposed development is to be
located in the area or areas delineated on the map included in the project
agreement for the acquisition project as areas in which development for
recreation and conservation purposes is expected to adversely impact the
natural resource values of the project, or the project reference map does not
contain such delineation, the local government unit shall, prior to commencing
construction:
(1) As applicable, satisfy the
procedural requirements for a change in purpose or use of funded parkland at
N.J.A.C.
7:36-25.6, including, but not limited, to the
requirement for a public hearing;
(2) Obtain the Department's approval for any
building to be constructed as part of the development in accordance with
N.J.A.C.
7:36-25.7; and
(3) Obtain approval of the proposed
development in accordance with (e) and (f) below.
(c) The development of
parkland acquired as part of a grant incentive project for the preservation of
environmentally significant areas is prohibited if such development:
i. Does not meet the special conditions in
the project agreement;
ii. Does not
support the use of the parkland for recreation and conservation purposes;
or
iii. Will have a significant
adverse impact on the natural resource values of the parkland.
(d) A local government unit may
develop parkland acquired as part of a grant incentive project for waterfront
access, the protection of cultural, historic or archaeological resources or any
other purpose under the following procedures and requirements:
1. As applicable, the local government unit
shall satisfy the procedural requirements for a change in purpose or use of
funded parkland at
N.J.A.C.
7:36-25.6, including, but not limited to, the
requirement for a public hearing;
2. The local government unit shall obtain
approval for any building to be constructed as part of the development in
accordance with
N.J.A.C.
7:36-25.7; and
3. The local government unit shall obtain
prior approval of the proposed development in accordance with (e) and (f)
below.
(e) A local
government unit seeking the Department's approval of its proposed development
of parkland under (b)2 or (d) above shall follow the following procedures and
requirements:
1. Upon conclusion of any
public hearing required by (b)2 or (d)1 above, and consideration of the comment
received at the public hearing, the local government unit shall determine
whether or not to seek the Department's approval of the proposed
development;
2. If it makes a
determination to proceed, the local government unit shall submit to the
Department a written request for approval of the proposed development which
includes the following information:
i. Proof
of publication, mailing and/or posting of the notices of public hearing
required under
N.J.A.C.
7:36-25.6(a)1;
ii. A copy of a transcript of the public
hearing required under
N.J.A.C.
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 the public comments;
iv. Copies of any written information
submitted by commenters at the public hearing or during the public comment
period;
v. A site map, showing the
location of the proposed development;
vi. A narrative description of the proposed
development;
vii. A narrative
description of the impacts that the proposed development is likely to have on
environmental, cultural, historical, archaeological or waterfront resources, as
appropriate; and
viii. For requests
for which the local government unit has determined that the change in use
requirements of
N.J.A.C.
7:36-25.6 do not apply, a brief written
explanation of the basis upon which such exemption is claimed.
(f) Subsequent to its
receipt of a request for approval of a proposed development under (b)2 or (d)
above, the Department shall notify the local government unit in writing of its
approval or denial or shall request more information from the local government
unit. The Department shall approve a request for approval under (b)2 or ((I)
above if the information submitted by the local government unit in support of
its request demonstrates that the proposed development will not have a
significant adverse impact on the natural resource values, waterfront access,
cultural, historic or archaeological resources, as applicable, of the project
site and the project, assuming the development was completed, would nonetheless
have been assigned points sufficient to qualify as a grant incentive
project.
