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 equal
environmental value to the lands being alienated;
(3) the substitute property must provide
recreational resources and activities which are reasonably equivalent to those
on the property being alienated or meet demonstrated public recreation or open
space conservation needs;
(4) the
location of the substitute property must be reasonably equivalent to the
property being alienated, i.e., it must be accessible to the same people or a
comparable segment of the population; and
(5) in cases where the project was for the
acquisition of land, the substitute property may not be property which is
already owned by the project sponsor.
(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
commissioner;
(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 supplement 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 which
grants an easement over parkland 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 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 appraiser and the format of the
appraisals shall be in accordance with section
440.6 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.
