N.J. Admin. Code § 7:36-26.3

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:36-26.3 - Minor disposals or diversions of funded or unfunded parkland; general procedural requirements

(a) An applicant shall utilize the following procedure to apply for approval of a minor disposal or diversion of parkland by the Commissioner and the State House Commission:

1. Prior to providing any written submission, the applicant shall contact Green Acres to discuss the proposed disposal or diversion of parkland and related procedural requirements and to request a preapplication conference under N.J.A.C. 7:36-26.4(a) through (c);

2. After the pre-application conference has been conducted, the applicant shall submit to Green Acres a pre-application for the proposed disposal or diversion in accordance with N.J.A.C. 7:36-26.4(d);

3. After review of the pre-application by the Department under N.J.A.C. 7:36-26.4(e) through (h), and if authorized to proceed pursuant to N.J.A.C. 7:36-26.4(h)3, the applicant shall submit to Green Acres a final application for Commissioner and State House Commission approval of a minor disposal or diversion of parkland in accordance with N.J.A.C. 7:36-26.6(a);

4. Once the Department has determined that the application is complete for public hearing purposes under N.J.A.C. 7:36-26.6(b), the applicant shall hold a public hearing on the complete application and provide for a public comment period during which written comments may be submitted, in accordance with N.J.A.C. 7:36-26.6(c) through (e), to obtain public comment on the proposed disposal or diversion;

5. Following the public hearing and after the close of the public comment period, the applicant shall submit the additional information as required in accordance with N.J.A.C. 7:36-26.6(f);

6. Pursuant to N.J.A.C. 7:36-26.6(g), the Commissioner shall approve or disapprove the application and Green Acres shall provide notice of his or her action to the applicant. If the Commissioner approves the application, Green Acres shall inform the State House Commission that the local government unit or nonprofit has submitted an application for approval of a minor disposal or diversion of parkland which has been approved by the Commissioner, and provide a summary of the approved application to the State House Commission;

7. Once the State House Commission has considered and acted upon the application, the Department shall notify the applicant of the Commission's approval or disapproval in accordance with N.J.A.C. 7:36-26.6(h);

8. After receiving approval from the Commissioner and the State House Commission, the applicant shall, in accordance with N.J.A.C. 7:36-26.6(i), remit to the Department any monetary compensation required pursuant to the approval prior to implementing the disposal or diversion; and

9. Pursuant to N.J.A.C. 7:36-26.6(j), upon receipt of the monetary compensation and/or proof that any other required compensation requirements either have been satisfied or will be satisfied in a timely manner, the Commissioner shall execute a release of the Green Acres restrictions on the parkland approved to be disposed of or diverted.

N.J. Admin. Code § 7:36-26.3