N.J. Admin. Code § 7:36-15.7
Current through Register Vol. 56, No. 24, December 18, 2024
Section 7:36-15.7 - Acquisition of conservation restrictions or historic preservation restrictions(a) A nonprofit may acquire a permanent conservation restriction with Green Acres funding, provided the restriction fulfills a public need or serves a compelling public purpose, as determined by Green Acres, by: 1. Providing for meaningful public access; or2. Providing significant benefits to other contiguous parkland in the nonprofit's project site that provides public access.(b) A nonprofit may acquire a permanent historic preservation restriction with Green Acres funding if the restriction is on a landscape or structure that is listed or eligible for listing on the New Jersey or National Register of Historic Places and if the restriction fulfills the public need or serves a compelling public purpose, as determined by Green Acres, by: 1. Providing for meaningful public access; or2. Providing significant benefits to other contiguous parkland in the nonprofit's project site that provides public access.(c) If a nonprofit acquires a conservation or historic preservation restriction with Green Acres funding, it shall also seek to obtain the right of first refusal for the purchase of the remaining interest in the property.(d) If a nonprofit acquires a conservation restriction under (a)2 above or an historic preservation restriction under (b)2 above, Green Acres will provide to the nonprofit for land acquisition half of what the nonprofit would otherwise be eligible to receive for the purchase of the restriction.(e) If a nonprofit seeks to acquire a conservation or historic preservation restriction with Green Acres funding, it must give to the State a Secondary Right of Enforcement of such restriction, on a form provided by Green Acres, in lieu of the restriction required under N.J.A.C. 7:36-15.1(c).(f) If a nonprofit acquires a conservation or historic preservation restriction with Green Acres funding, it shall prepare a report that clearly documents the conditions of the project site at the time it is to be acquired. This Present Condition Report shall include maps, photographs, and written descriptions of the property that document the condition of the property just prior to the time of closing. It shall be prepared after Green Acres approves the survey required under N.J.A.C. 7:36-20.4(c) and shall be submitted to Green Acres for approval prior to the nonprofit acquiring the project site. N.J. Admin. Code § 7:36-15.7