Current through Register Vol. 56, No. 24, December 18, 2024
(a)
Prior to submitting a pre-application to Green Acres for a major disposal or
diversion of parkland under
N.J.A.C.
7:36-26.9, a local government unit or
nonprofit intending to seek approval of a major disposal or diversion of
parkland shall conduct a scoping hearing to solicit preliminary public comment
on the proposed disposal or diversion. A scoping hearing shall be conducted in
accordance with the following:
1. The scoping
hearing shall be held in the municipality in which the parkland proposed for
disposal or diversion is located. If the parkland is located in more than one
municipality, the applicant shall conduct a scoping hearing in each affected
municipality or in a central location approved by the Department;
2. The local government unit or nonprofit
shall provide notice of the scoping hearing in accordance with (c) below. In
addition, the local government unit or nonprofit is encouraged to issue a press
release prior to the scoping hearing;
3. All scoping hearings shall be conducted on
a weekday in the evening; and
4.
The local government unit or nonprofit shall produce a transcript is made of
the public hearing for submission to the Department under (e) below.
(b) A scoping hearing held under
this section may be scheduled to occur as part of a meeting of the governing
body of the applicant, as long as separate notice of the hearing is provided in
accordance with (c) below and the applicant adjourns the meeting of the
governing body to conduct the public hearing.
(c) A local government unit or nonprofit
shall provide notice of the scoping 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 these notice requirements were met:
1. At least 30 days prior to the hearing, the
applicant shall:
i. Publish a legal notice of
the scoping hearing 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 scoping 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 scoping 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 scoping
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 major 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 (c)3iv 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; and
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;
3. The notices
required under (c)1 and 2 above shall include the following information:
i. The name of the local government unit or
nonprofit and the date, time and location of the scoping hearing;
ii. A general description of the major
diversion or disposal being considered and a statement of the purpose it would
serve;
iii. The street address (if
available), municipality, county, tax map block and lot and size of the
property that would be the subject of the major diversion or disposal being
considered; and
iv. A statement
inviting participation in the public hearing and notifying the public that, in
the alternative, written comments may be submitted to the local government unit
or nonprofit during a public comment period that will close two weeks after the
date of the scoping hearing. 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
(d) At the scoping hearing, the local
government unit or nonprofit shall:
1.
Explain that the purpose of the hearing is to accept public comment on a major
disposal or diversion of parkland that is under consideration;
2. Describe the proposed disposal or
diversion, including the lands affected, the total acreage of parkland to be
affected and the project for which the disposal or diversion is
sought;
3. Set forth the compelling
public need that the project would fulfill, the significant public benefit it
would yield, or the exceptional recreational and/or conservation benefit it
would provide;
4. Discuss past and
ongoing efforts to identify alternatives to the proposed disposal or diversion
considered by the local government unit or nonprofit and the reason(s) for
rejecting any alternatives, and, to the extent known, the compensation that the
local government unit or nonprofit would provide for the proposed disposal or
diversion; and
5. Accept comment on
any alternative sites suggested by the public and on alternative methods of
achieving its project objectives without the diversion or disposal of
parkland.
(e) If the
local government unit or nonprofit decides, after the scoping hearing, to
proceed with the submission of an application for disposal or diversion of the
parkland, the local government unit or nonprofit shall include, in the
pre-application submitted to the Department pursuant to
N.J.A.C.
7:36-26.9(d), the following
information pertaining to the scoping hearing:
1. Proof of publication of the notice of
public hearing required under (c)1i above; proof of publication of the display
ad required under (c)2 above; a dated copy of the posting required under (c)1ii
above (if applicable); copies of and proof of mailing of the notices required
under (c)1iii and iv above; and proof of the posting and maintenance of a sign
as required under (c)1v above;
2. A
copy of a transcript of the public hearing as required under (a)4 above;
and
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.
