Current through Register Vol. 56, No. 24, December 18, 2024
(a) An
applicant that has been authorized under
N.J.A.C.
7:36-26.4(h)3 to submit a
final application seeking approval for a minor disposal or diversion of
parkland shall submit the final application within 180 days of the
authorization and prior to scheduling a public hearing on the application. The
final application shall include the following:
1. A land survey plan for the parcel of
parkland proposed to be disposed of or diverted and the proposed replacement
land, if applicable. The survey plan shall:
i. Be prepared in compliance with the Local
and Nonprofit Land Survey Overview, set forth herein as chapter Appendix 2. The
Overview is available from Green Acres at PO Box 412, Trenton, New Jersey 08625
or on the Green Acres webpage at
www.nj.gov/dep/greenacres.
Technical assistance regarding the preparation of the land survey is available
from Green Acres.
ii. Show acreage,
tax map references (blocks and lots) current as of the date of the plan, all
easements of record, fences, improvements, encroachments, water courses,
wetlands, and pertinent natural features; and
iii. Be submitted on paper (an original and
two copies) and also electronically in a format compatible with the Mapping and
Digital Data Standards at N.J.A.C. 7:1, Appendix A;
2. Two copies of a metes and bounds
description for the parcel of parkland proposed to be disposed of or diverted
and the proposed replacement land, if applicable, stating acreage,
corresponding to the surveys required under (a)1 above, submitted on the
surveyor's letterhead, and signed and sealed by the surveyor;
3. A proposed public notice for the public
hearing required under (c) below, which notice shall comply with the
requirements at (e)3 below;
4. Any
other information requested by the Department to clarify the final application
requirements.
(b) Upon
receipt of a final application, Green Acres shall review the submittal to
determine whether the application is complete for public hearing purposes or
whether additional information is required. If additional information is
required, Green Acres shall notify the applicant that the application must be
resubmitted with the additional information. Once Green Acres is in receipt of
an application submittal that includes the additional information, Green Acres
will notify the applicant as to whether the final application is complete for
public hearing purposes.
(c) Once
the Department has determined that the final application is complete for public
hearing purposes, the applicant shall hold a public hearing to obtain public
comment on the application and shall offer the public the opportunity to submit
written comments. The public hearing shall be conducted in accordance with the
following:
1. The hearing shall be held in
the municipality in which the parkland proposed to be disposed of or diverted
is located. If the parkland is located in more than one municipality, the
applicant shall conduct a public hearing in each affected municipality or in a
central location approved by the Department;
2. The public hearing shall be held at least
90 days before the date of the State House Commission meeting at which the
application is considered;
3. The
applicant shall provide notice of the public hearing in accordance with (e)
below. In addition, the applicant is encouraged to issue a press release prior
to the public hearing;
4. The
hearing shall be conducted on a weekday in the evening; and
5. The applicant shall ensure that a
transcript of the hearing is produced for submission under (f) below.
(d) A public hearing held pursuant
to this section may be scheduled to occur as part of a meeting of the
applicant's governing body, as long as separate notice of the hearing is
provided in accordance with (e) below and the applicant adjourns the meeting of
the governing body to conduct the public hearing.
(e) The applicant shall provide notice of the
public hearing and of the opportunity for the public to submit written comments
in accordance with the following; and shall maintain a record that documents
that the notice requirements were met:
1. At
least 30 days prior to the hearing, the applicant shall:
i. Publish a legal notice in the official
newspaper of the municipality (or municipalities) in which the parkland
proposed for disposal or diversion is located and, if the applicant is a County
or a regional nonprofit, also in a local newspaper of general interest and
circulation;
ii. Post notice of the
hearing on its official web site (if any) in the same manner as other public
hearing notices are posted;
iii.
Provide written notice of the hearing to Green Acres, the governing body, local
planning board(s), environmental commission(s) and open space advisory
committee(s) of the municipality(ies) in which the parkland is located, if any,
and, if the local government unit is a County, also to the County governing
body, County planning board, County environmental commission and County open
space advisory committee, if any, the Council on Affordable Housing, and the
Highlands Council, Pinelands Commission or other regional regulatory agency
identified by the Department, as applicable;
iv. Provide written notice of the hearing via
certified mail (return receipt requested) to all persons who own land located
within 200 feet of the parkland that is the subject of the proposed minor
disposal or diversion, and to any easement holders for that land who are listed
in the tax records for the municipality(ies) in which the land is located;
and
v. Post and maintain in a
legible condition until the public comment period is concluded under (e)3vi
below, a sign on the parkland that is the subject of the proposed diversion or
disposal. Such sign shall advise the public of the proposed diversion or
disposal, the public hearing on the proposed disposal or diversion and the
opportunity for public comment on the proposed disposal or diversion. Such sign
shall be located at each public entrance to the parkland proposed for diversion
or disposal and/or in other prominent location(s) approved by the Department.
Such sign shall be of sufficient size and visibility and contain sufficient
detail as to inform the general public of the proposed diversion or disposal of
parkland and the method by which the public may obtain information about such
proposed diversion or disposal, and shall be subject to the Department's
approval;
2. At least 15
days prior to the hearing, the applicant shall publish a display ad in the
official newspaper(s) of the municipality(ies) in which the parkland that is
the subject of the proposed disposal or diversion is located and, if the
applicant is a county or regional nonprofit, also in a local newspaper of
general interest and circulation; and
3. The notices required under (e)1 and 2
above shall include the following information:
i. The name of the applicant and the date,
time and location of the public hearing;
ii. A description of the proposed disposal or
diversion and a statement of the purpose for which it is proposed;
iii. The street address (if available),
municipality, County, tax map block and lot and size of the property that is
the subject of the proposed diversion or disposal and the proposed replacement
land (if any);
iv. A description of
the compensation, if any, to be provided by the applicant;
v. A statement that an application for
Commissioner and State House Commission approval of the disposal or diversion
has been submitted to Green Acres and is available for review at the municipal
offices and the library serving the municipality(ies) in which the parkland
proposed for disposal or diversion is located and at the Green Acres Program
offices; and
vi. A statement
inviting participation in the public hearing and notifying the public that, in
the alternative, written comments may be submitted to the applicant during a
public comment period that will close on a date that is two weeks after the
hearing date. The statement shall provide an address for submittal of written
comments to the local government unit or nonprofit and shall require that
copies of any written comments also be sent to:
New Jersey Department of Environmental Protection
Green Acres Program
Bureau of Legal Services and Stewardship
PO Box 412
Trenton, New Jersey 08625-0412
(f) Upon conclusion of the public hearing,
and at least 75 days before the date of the State House Commission meeting at
which the application is considered, the applicant shall provide the Department
with the following additional post hearing information:
1. Proof of publication of the notice of
public hearing required under (e)1i above; a dated copy of the posting required
under (e)1ii above (if applicable); proof of publication of the display ad
required under (e)2 above; copies of and proof of mailing of the notices
required under (e)1iii and iv above; and proof of the posting and maintenance
of a sign as required under (e)1v above;
2. A copy of a transcript of the public
hearing as required under (c)5 above;
3. A summary of the public comments made at
the public hearing and/or provided in writing during the public comment period
and the applicant's response to the public comments;
4. A resolution, adopted by the applicant's
governing body after the public hearing, reaffirming the applicant's request
for approval of its application for the disposal or diversion of parkland. The
resolution shall include a summary of the proposed disposal or diversion and of
the amount of compensation, if any, to be provided by the applicant;
and
5. A letter from the
applicant's attorney stating that:
i. The
attorney has reviewed the entire application for Commissioner and State House
Commission approval;
ii. It is the
attorney's opinion that the applicant is empowered to proceed with the
application;
iii. It is the
attorney's opinion that the applicant is not in violation of any applicable
Federal, State, or local laws, rules, regulations, codes, or ordinances
pertaining to the proposed minor disposal or diversion of parkland or to the
project for which the disposal or diversion is sought; and
iv. If the applicant is a local government
unit, it is the attorney's opinion that the local government unit has complied,
to the extent applicable, with the Local Lands and Buildings Law,
N.J.S.A. 40A:12-1 et seq. (including, but not limited
to, N.J.S.A. 40A:12-13.5 et seq. if
the local government unit is a county), the statutory provisions governing
municipal parks and playgrounds (N.J.S.A. 40:61-1 et
seq.), the statutory provisions governing county parks and playgrounds
(N.J.S.A. 40A:37-1 et seq.), the statutory provisions governing boards of
recreation commissioners and the establishment of municipal and county parks
and playgrounds (N.J.S.A. 40:12-1 et seq.), the
local open space tax statute,
N.J.S.A. 40:12-15.1 through 15.9, and any other
statute governing the conveyance, disposal or diversion of land or parkland
held by a local government unit.
(g) After receiving the applicant's complete
post hearing submittal as required under (f) above, the Commissioner shall
approve or disapprove the final application for a minor disposal or diversion
of parkland.
1. If the Commissioner
disapproves the final application, the Commissioner shall notify the applicant
of the disapproval in writing; and
2. If the Commissioner approves the final
application:
i. The Commissioner shall submit
a summary of the approved application, together with any conditions that the
Commissioner determined to impose on his or her approval of the disposal or
diversion, to the State House Commission for its consideration;
ii. The Commissioner shall request that the
State House Commission, if feasible, consider the application at its next
scheduled meeting, provided the date of the meeting is at least 90 days after
the date of the public hearing held pursuant to (c) above; and
iii. Green Acres shall notify the applicant
of the Commissioner's approval of its application, any conditions that the
Commissioner determined to impose on his or her approval, and the anticipated
date on which the State House Commission will consider the final application
(if known).
(h) After the State House Commission
determines whether to approve or disapprove the final application for a minor
disposal or diversion of parkland, and (in the case of approval) whether to
impose any conditions on its approval, Green Acres shall notify the applicant
of the State House Commission's decision(s).
(i) If the application is approved by the
Commissioner and the State House Commission, the applicant shall, after
receiving notice of these approvals pursuant to (g) and (h) above, determine
whether it will proceed with the disposal or diversion. If the applicant
determines to proceed, the applicant shall:
1.
Except as provided by (i)2 and 3 below, remit to Green Acres, for deposit in
the GSPT Fund, the amount of any monetary compensation proposed by the
applicant pursuant to
N.J.A.C.
7:36-26.5 and approved by the Commissioner
and the State House Commission;
2.
Remit to Green Acres, for deposit in the Shade Tree and Community Forest
Preservation License Plate Fund established pursuant to
N.J.S.A. 39:3-27.81 the amount of any monetary
compensation for tree removal approved by the Commissioner and the State House
Commission; and
3. If the
application as approved by the Commissioner and the State House Commission
allows the applicant to retain the monies for its use for parkland improvements
or land acquisition, deposit the monies into a dedicated account as required
under N.J.A.C.
7:36-26.5(c)1.
(j) Upon receipt of any payment
required under (i)1 or 2 above, proof of deposit of compensation-monies into a
dedicated account under (i)3 above and/or proof of any other compensation
requirements either have been satisfied or will be satisfied in a timely
manner, the Commissioner shall:
1. Execute a
release of the parkland to be disposed of or diverted. The release shall recite
the particular purpose for which the disposal or diversion was approved, the
compensation for the disposal or diversion and any conditions imposed on the
disposal or diversion by the Commissioner and/or the State House Commission;
and
2. If the compensation for the
disposal or diversion consists, in whole or in part, of replacement land,
execute with the applicant an agreement releasing the Green Acres restrictions
on the parkland disposed of or diverted and subjecting the replacement land to
the Green Acres restrictions.
