N.J. Admin. Code § 7:36-25.5

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:36-25.5 - Administrative transfer of funded or unfunded parkland

(a) A local government unit or nonprofit may transfer funded or unfunded parkland to a local government unit, the State, the Federal government or a nonprofit, subject to the following:

1. Except in the case of a transfer to the State or the Federal government, the proposed transferee must be eligible to receive Green Acres funding under 7:36-3.1 (if the transferee is a local government unit) or 7:36-15.1 and 21.1 (if the transferee is a nonprofit);

2. The deed, or other instrument by which the local government unit or nonprofit legally effects the transfer of the parkland to the transferee, shall establish the following conditions of transfer:

i. The transferred property shall continue to be used solely for recreation and conservation purposes and shall be reasonably accessible to the public to the same extent as or greater than prior to the transfer; and

ii. The Green Acres restrictions and any other applicable recreation and conservation restrictions on the parkland shall continue to apply;

3. At least 90 days prior to its final approval of the proposed transfer, the local government unit or nonprofit currently holding the parkland shall hold at least one public hearing on the proposed transfer of parkland in accordance with the public hearing procedures at 7:36-25.6(a)1 and 2. The local government unit or nonprofit may combine the public hearing required under this paragraph with any other required public hearing on the acquisition or management of the parkland, as long as the notice requirements of 7:36-25.6(a)1 and 2 and (a)4i are met and the notice of the combined public hearing adequately informs the public that the proposed transfer of parkland will be discussed at the hearing;

4. The local government unit or nonprofit shall provide the Department with the following notices and information:

i. At least 30 days prior to any public hearing to be held on the proposed transfer of parkland, advance written notice of the hearing;

ii. At least 90 days prior to the execution of the transfer by the local government unit or nonprofit, a copy of a draft deed or other instrument by which the parkland is to be transferred;

iii. Within 90 days after final approval of the proposed transfer of parkland by the local government unit or nonprofit, written proof that a public hearing was held as required under (a)3 above; and

iv. Within 90 days of the execution of the transfer, written notice that the transfer of parkland has been executed, including a copy of the recorded deed or other instrument by which the transfer was accomplished.

5. All notices and information required to be provided to the Department under (a)4 above shall be submitted to the following address:

New Jersey Department of Environmental Protection

Green Acres Program

Bureau of Legal Services and Stewardship

PO Box 412

Trenton, New Jersey 08625

(b) If the transferor is a county, the county shall comply with the requirements of 40A:12-13.5, as applicable, prior to the transfer;

(c) Any transfer of parkland that does not comply with the requirements of this section is void and of no legal effect.

N.J. Admin. Code § 7:36-25.5