Current through Register Vol. 56, No. 6, March 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 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 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 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 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 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 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 7:36-25.6(a)1;
ii. A copy of a transcript of the public hearing 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 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 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.
