Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Project boundary map.
(1) Upon completion of
a park project, the project sponsor shall submit a dated and signed project
boundary map showing the location of the project and all related support
facilities acquired or developed pursuant to this Part. The map shall also
indicate all structures, facilities and encroachments on the property which are
used for non-park purposes, such as power lines, easements, school buildings or
clubhouses.
(2) In cases where the
project is a discrete portion of the park, the project boundary map shall
include as much of the park as would be required for the project to be operated
by itself, including all support facilities such as roadways, parking lots,
comfort stations and landscaping, except that utilities for the facility may be
provided from elsewhere in the park.
(3) The office shall review the proposed
project boundary map to determine its compliance with this section and any
guidelines of the office and shall notify the project sponsor of its
determination. The project boundary map shall define the public park facilities
for which State assistance was provided pursuant to this Subchapter.
(b) Alienation mitigation. The act
of the Legislature authorizing the alienation of facilities acquired or
developed by a municipality pursuant to this Part shall require the
substitution of other lands and any other requirements which the commissioner
deems appropriate.
(c) Substitute
property. Substitute property must meet the following criteria to the
satisfaction of the commissioner:
(1) the
fair market value of the substitute property must be no less than the fair
market value of the property being alienated;
(2) the substitute property must be of
reasonably equivalent usefulness and location to the lands being alienated;
and
(3) the substitute property
must be of equal environmental value and usefulness to the lands being
alienated. A determination of equivalent environmental value and usefulness
will include an evaluation of how the substitute parcel develops, expands or
enhances public access to water bodies, promotes water based recreation, or
enhances the natural, cultural or historic aspects of water bodies.
(d) Leasing of State-funded
facilities. The lease of facilities acquired or developed pursuant to this
Subchapter is an alienation and requires the express authority of an act of the
Legislature. However, substitution of other lands is not necessary if the lease
provides for the following:
(1) the leased
premises must be operated as a public park and/or recreational facility; that
is, all programs and activities must be offered to all members of the public on
the same terms and conditions which shall be subject to the approval of the
office;
(2) the leased premises
must be identified in signage, public records and publicity as a public park
and/or recreational facility;
(3)
at any time the facility ceases to be operated as a public park and/or
recreational facility, the lease will terminate and the facility shall
immediately revert to the project sponsor; and
(4) all revenues received by the project
sponsor from the lease of the facility shall be used for the acquisition of
other park facilities or capital improvements to municipal park and
recreational facilities and shall not supplant monies otherwise appropriated.
The project sponsor shall submit to the office certified copies of budget
documents showing its anticipated expenditures for capital park purposes from
all revenue sources with the use of the lease proceeds as a segregated
item.
(e) Granting of an
easement over project lands. If an act of the Legislature grants an easement
over parkland for utility purposes and requires that the lands continue to be
used for public park and recreation purposes, substitute property will not be
required.
(f) Review of alienation
proposals by the office.
(1) The project
sponsor shall submit to the office a proposal pertaining to the alienation of
parklands receiving State assistance under this Part as early in the planning
process as possible.
(2) The
material submitted shall include:
(i)
complete parkland alienation information as required by the office;
(ii) a map showing the location of the
parkland being alienated and the proposed substitute property;
(iii) appraisals of both the property being
alienated and the substitute property. The qualifications of the appraiser and
the format of the appraisals shall be in accordance with section
431.6 of this
Title;
(iv) documentation
establishing the project sponsor's compliance with the State Environmental
Quality Review Act;
(v) a complete
summary of public input supporting or opposing both the decision to alienate
and the adequacy of the substitute property; and
(vi) additional material such as the proposed
deed for the substitute property, plans and drawings of developed or proposed
facilities or an archeological survey.
(3) The office will review the proposal and
provide its comments and recommendation to the project sponsor along with such
additional information as it deems relevant in sufficient time for the proposal
to be considered by the Legislature at its next regular session.
(g) Legislative approval. It shall
be the responsibility of the project sponsor to contact its legislative
representatives with regard to the introduction of legislation authorizing the
alienation of parklands. The project sponsor shall give such legislative
representatives the comments and recommendations of the office.
(h) Revised project boundary map. If the
project sponsor receives legislative approval for the alienation, it shall file
a revised project boundary map with the office showing the corrected boundaries
of the project and including any substitute property. Upon approval of the
alienation all restrictions and requirements pertaining to the project shall
apply to the substitute property.
