N.J. Admin. Code § 7:36-26.11

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

Section 7:36-26.11 - Major disposals or diversions of parkland; final application requirements

(a) An applicant that has been authorized by Green Acres under 7:36-26.9(h)3 to submit a final application for a major disposal or diversion of parkland shall submit the application to Green Acres within 180 days of such authorization and prior to scheduling a public hearing on the application.

(b) A final application shall include all information required for the pre-application and the following:

1. An appraisal of the parkland proposed to be disposed of or diverted and an appraisal of the replacement land proposed as compensation (if applicable), performed in accordance with the requirements of 7:36-8.3 or 19.3, as applicable. In any appraisal of parkland proposed to be disposed of or diverted, the value of the parkland shall be based on its highest and best use or the use intended subsequent to the disposal or diversion, whichever would result in a higher market value for the land. However, notwithstanding the provisions of this paragraph, no appraisal is required if the applicant has obtained an appraisal waiver pursuant to 7:36-26.10(1);

2. A title report for the proposed replacement land, as applicable, to-determine existing restrictions, encumbrances, easements, liens, or other factors which may affect the market value of the land;

3. Three copies of a land survey plan for the parcel of parkland proposed to be disposed of or diverted and, if applicable, two copies of a land survey plan for the proposed replacement land. Each survey plan shall:

i. Be done in compliance with the Local and Nonprofit Land Survey Overview, set forth herein as chapter Appendix 2. The Overview is available from Green Acres at PO Box 412, Trenton, New Jersey 08625 or on the Green Acres web page at www.nj.gov/dep/greenacres. Technical assistance regarding the preparation of the land survey is available from Green Acres;

ii. Show acreage, tax map references (blocks and lots) current as of the date of the plan, all easements of record, fences, improvements, encroachments, water courses, wetlands, and pertinent natural features; and

iii. Be submitted on paper (an original and two copies) and also electronically in a format compatible with the Mapping and Digital Data Standards at N.J.A.C. 7:1, Appendix A;

4. Two copies of metes and bounds descriptions for the parcel of parkland proposed to be disposed of or diverted and the proposed replacement land, corresponding to the surveys required under (b)3 above, stating acreage, submitted on the surveyor's letterhead, and signed and sealed by the surveyor;

5. A final compensation proposal based on the requirements of N.J.A.C. 7:36-26.10 and the information required under (b)1 through 4 above. The final compensation proposal shall include:

i. A narrative description of any replacement land, parkland improvements, lands to be acquired or replacement recreation and conservation facilities proposed by the applicant pursuant to N.J.A.C. 7:36-26.10;

ii. A description of the intended use for recreation and conservation purposes of any proposed replacement land or other land to be acquired; and

iii. If a preliminary assessment was prepared by the applicant for the proposed replacement land under 7:36-26.10(d)10 and does not identify any areas of concern, a certification, on a form obtained from Green Acres, by the chief executive officer of the applicant that the applicant has reviewed the preliminary assessment report and has determined to proceed with the application for approval of the disposal or diversion; or

iv. If a preliminary assessment was prepared by the applicant for the proposed replacement land under 7:36-26.10(d)10 and identifies one or more areas of concern, as defined under the Technical Standards for Site Remediation, N.J.A.C. 7:26E, a plan for addressing such areas of concern prior to the dedication of the replacement land as parkland;

6. Updated copies of any of the maps required under 7:36-26.9(d)9, if there have been any changes in the information depicted in the maps;

7. A proposed public notice for the public hearing required under (e) below, which notice shall comply with the requirements of (e)3 below; and

8. Any other information requested by the Department to clarify the final application requirements.

(c) Upon receipt of a final application, Green Acres shall review the submittal to determine whether the application is complete for public hearing purposes, including whether:

1. The appraisals submitted under (b)1 above should be accepted as sufficient to meet the requirements for such appraisals;

2. The final compensation proposal submitted under (b)5 above meets the requirements of N.J.A.C. 7:36-26.10; and

3. All other requirements of (b) above have been satisfied.

(d) Upon receipt of the final application, including the information required under (b) above, Green Acres shall notify the applicant as to whether the application is complete for public hearing purposes or whether additional information is required. If additional information is required, Green Acres shall notify the applicant that the application must be resubmitted with the additional information. Once Green Acres is in receipt of an application submittal that includes the additional information, Green Acres will notify the applicant as to whether the final application is complete for public hearing purposes.

(e) Once the Department has determined that the final application is complete for public hearing purposes, the applicant shall hold a public hearing to obtain public comment on the application and shall offer the public the opportunity to submit written comments. The public hearing shall be conducted in accordance with the following:

1. The hearing shall be held in the municipality in which the parkland proposed to be disposed of or diverted is located. If the parkland is located in more than one municipality, the applicant shall conduct a public hearing in each affected municipality or in a central location approved by the Department;

2. The hearing shall be held at least 90 days before the date of the State House Commission meeting at which the application is to be considered;

3. The applicant shall provide notice of the hearing in accordance with (h) below. In addition, the applicant is encouraged to issue a press release prior to the public hearing;

4. The hearing shall be conducted on a weekday in the evening; and

5. The applicant shall ensure that a transcript of the hearing is produced for submission under (i) below.

(f) A public hearing held pursuant to this section may be scheduled to occur as part of meeting of the applicant's governing body, as long as separate notice of the hearing is provided in accordance with (h) below and the applicant adjourns the meeting of the governing body to conduct the public hearing.

(g) If the Department is aware that the proposed major disposal or diversion is likely to generate substantial adverse comment at the public hearing, it may require the applicant to retain a neutral facilitator to conduct the hearing.

(h) The applicant shall provide notice of the public 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 the notice requirements were met:

1. At least 30 days prior to the hearing, the applicant shall:

i. Publish a legal notice 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 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 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 hearing via certified mail (return receipt requested) to all persons who own land located within 200 feet of the area of 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 (h)3vi 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;

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 a regional nonprofit, also in a local newspaper of general interest and circulation; and

3. The notices required under (h)1 and 2 above shall include the following information:

i. The name of the applicant and the date, time and location of the public hearing;

ii. A description of the proposed disposal or diversion and a statement of the purpose for which it is proposed;

iii. The street address (if available), municipality, county, tax map block and lot and size of the property that is the subject of the proposed major diversion or disposal and the proposed replacement land (if any);

iv. A description of the compensation, if any, to be provided by the applicant;

v. A statement that an application for Commissioner and State House Commission approval of the disposal or diversion has been submitted to Green Acres and is available for review at the municipal offices and the library serving the municipality(ies) in which the parkland proposed for disposal or diversion is located and at the Green Acres Program offices; and

vi. A statement inviting participation in the public hearing and notifying the public that, in the alternative, written comments may be submitted to the applicant during a public comment period that will close on a date that is two weeks after the hearing date. 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

(i) Upon conclusion of the public hearing, and at least 75 days before the date of the State House Commission meeting at which the application is considered, the applicant shall provide the Department with the following additional post hearing information:

1. Proof of publication of the notice of public hearing required under (h)1i above; proof of publication of the display ad required under (h)2 above; a dated copy of the posting required pursuant to (h)1ii above (if applicable); copies of and proof of mailing of the written notices required under (h)1iii and iv above; and proof of the posting and maintenance of a sign as required under (h)1v above;

2. A copy of a transcript of the public hearing as required under (e)5 above;

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;

4. A resolution, adopted by the applicant's governing body after the public hearing, reaffirming the applicant's request for approval of its application for the disposal or diversion of parkland. The resolution shall include a summary of the proposed disposal or diversion and of the amount of compensation, if any, to be provided by the applicant; and

5. A letter from the applicant's attorney stating that:

i. The attorney has reviewed the entire final application submitted for Commissioner and State House Commission approval;

ii. It is the attorney's opinion that the applicant is empowered to proceed with the application;

iii. It is the attorney's opinion that the applicant is not in violation of any applicable Federal, State, or local laws, rules, regulations, codes, or ordinances pertaining to the proposed major disposal or diversion of parkland or to the project for which the disposal or diversion is sought; and

iv. If the applicant is a local government unit, it is the attorney's opinion that the local government unit has complied, to the extent applicable, with the Local Lands and Buildings Law, 40A:12-1 et seq. (including, but not limited to, 40A:12-13.5 et seq. if the local government unit is a county), the statutory provisions governing municipal parks and playgrounds (40:61-1 et seq.), the statutory provisions governing county parks and playgrounds (N.J.S.A. 40A:37-1 et seq.), the statutory provisions governing boards of recreation commissioners and the establishment of municipal and county parks and playgrounds (40:12-1 et seq.), the local open space tax statute, 40:12-15.1 through 15.9, and any other statute governing the conveyance, disposal or diversion of land or parkland held by a local government unit.

(j) After receiving the applicant's complete post-hearing submittal as required under (i) above, the Commissioner shall approve or disapprove the final application for a major disposal or diversion of parkland.

1. The Commissioner shall not approve any application until he or she is satisfied that:

i. If compensation is required for the disposal or diversion under N.J.A.C. 7:36-26.10, the compensation to be provided is sufficient; and

ii. All applicable requirements of this subchapter are met;

2. If the Commissioner disapproves the final application, the Commissioner shall notify the applicant of the disapproval in writing; and

3. If the Commissioner approves the final application:

i. The Commissioner shall submit a summary of the approved application, together with any conditions that the Commissioner has determined to impose on his or her approval of the disposal or diversion, to the State House Commission for its consideration;

ii. The Commissioner shall request that the State House Commission, if feasible, consider the application at its next scheduled meeting, provided the date of the meeting is at least 90 days after the date of the public hearing held pursuant to (e) above; and

iii. Green Acres shall notify the applicant of the Commissioner's approval of its application, any conditions that the Commissioner determined to impose on his or her approval, and the anticipated date on which the State House Commission will consider the final application (if known).

(k) After the State House Commission determines whether to approve or disapprove the final application for a major disposal or diversion of parkland, and (in the case of approval) whether to impose any conditions on its approval, Green Acres shall notify the applicant of the State House Commission's decision(s).

(l) If the application approved by the Commissioner and the State House Commission includes monetary compensation, the applicant shall, prior to proceeding with the disposal or diversion:

1. Remit to Green Acres, for deposit in the Shade Tree and Community Forest Preservation License Plate Fund established pursuant to 39:3-27.8 1, the total amount of any monetary compensation for tree removal approved by the Commissioner and the State House Commission; and

2. If the application as approved by the Commissioner and the State House Commission allows the applicant to retain the monies for its use for parkland improvements or land acquisition, deposit the monies into a dedicated account as required under 7:36-26.10 (e)5.

(m) Upon receipt of payment under (l)1 above, proof of deposit of compensation monies into a dedicated account under (l)2 above and proof that any other compensation requirements either have been satisfied or will be satisfied in a timely manner, the Commissioner shall:

1. Execute a release of the parkland to be disposed of or diverted. The release shall recite the particular purpose for which the disposal or diversion was approved; the compensation for the disposal or diversion and any conditions imposed on the disposal or diversion by the Commissioner and/or the State House Commission; or

2. If the compensation for the disposal or diversion consists, in whole or in part, of replacement land, execute with the applicant an agreement releasing the Green Acres restrictions on the parkland disposed of or diverted, and subjecting the replacement land to the Green Acres restrictions.

N.J. Admin. Code § 7:36-26.11