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 7:36-25.7 - Construction of buildings on funded parkland; use of existing buildings on funded parkland

Universal Citation: NJ Admin Code 7:36-25.7

Current through Register Vol. 56, No. 18, September 16, 2024

(a) A local government unit or nonprofit shall not construct a building on funded parkland unless the building directly supports the use of the funded parkland for recreation and conservation purposes, the local government unit or nonprofit complies with the change in use procedures at 7:36-25.6 (as applicable), and the local government unit or nonprofit obtains prior approval from the Department in accordance with (b) and (c) below or as part of a Green Acres-funded development project under 7:36-13.3 or 23.3. Buildings that are considered to directly support the use of parkland for recreation and conservation purposes and that may be constructed under this section include, for example; park equipment storage sheds, restrooms, concession stands, locker rooms, interpretive centers, park administration offices, and maintenance facilities for the parkland.

(b) A local government unit or nonprofit seeking the Department's approval of the proposed construction of a building on funded parkland shall, at least 90 days before approval of the proposed construction by its governing body, submit to Green Acres a written request for approval of the proposed construction. The request shall include a statement of the purpose of the construction, a narrative description of the proposed construction, a site map, and a conceptual drawing of the building (with interior dimensions and uses labeled).

(c) The Department shall notify the local government unit or nonprofit in writing of its approval or disapproval of the proposed construction within 60 days of Green Acres' receipt of the request or shall request more information from the local government unit or nonprofit. Any approval issued by the Department under this subsection may include conditions as appropriate to protect the natural resource values and recreation functionality of the funded parkland, to preserve public access to the funded parkland and to minimize adverse impacts to adjacent properties.

(d) The local government unit or nonprofit may use a portion of any building constructed on funded parkland under this section for public indoor recreation activities, such as arts and crafts and games (including court games), or as a public meeting or multipurpose space, provided the primary use of the building directly supports the use of the funded parkland for recreation and conservation purposes. The use of the building for public indoor recreation activities or public meeting or multipurpose space shall take up no more than 25 percent of the square footage of the building.

(e) A local government unit or nonprofit may construct a structure to enclose an outdoor swimming pool or ice skating rink that existed as of January 3, 2006, subject to the following:

1. The local government unit or nonprofit shall comply with the change in use procedures at 7:36-25.6;

2. The local government unit or nonprofit shall obtain the prior approval of the Department under (b) above;

3. Construction of additional facilities as part of the structure, such as space for other recreation and conservation activities, space for activities in support of the swimming pool or ice skating rink or space for activities in support of the parkland parcel on which the swimming pool or ice skating rink is located, shall be subject to the Department's review and approval under (a) through (d) above; and

4. Structures approved by the Department under this subsection are not eligible for Green Acres funding.

(f) A local government unit or nonprofit may use a building that existed on funded parkland at 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 and obtains the prior written approval of the Department under (f)1 and 2 below.

1. A local government unit or nonprofit seeking the Department's approval of the use of a building that existed on funded parkland at the time of receipt of Green Acres funding as a new community center, recreation center or museum shall, at least 90 days before the anticipated change in use, submit to the Department a written request for approval of the use, a narrative description of the intended use, a site map, and a conceptual drawing of the building (with interior dimensions and uses labeled).

2. The Department shall notify the local government unit or nonprofit in writing of its approval or disapproval of the proposed use within 60 days of its receipt of the request or shall request more information from the local government unit or nonprofit. In determining whether to issue such approval, the Department shall give particular consideration to whether alternative uses of the building that support recreation and conservation purposes may be reasonably implemented by the local government unit or nonprofit and whether the use of the building as proposed will have a significant adverse impact on the use of the surrounding parkland by the public. Any approval issued by the Department under this subparagraph may include conditions as appropriate to protect the natural resource values and recreational functionality of the funded parkland, to preserve public access to the funded parkland, and to minimize adverse impacts on adjacent properties.

(g) A local government unit or nonprofit may use a building that existed on funded 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.

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