N.J. Admin. Code § 7:36-26.8

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

Section 7:36-26.8 - Major disposals or diversions of parkland; scoping hearing

(a) Prior to submitting a pre-application to Green Acres for a major disposal or diversion of parkland under 7:36-26.9, a local government unit or nonprofit intending to seek approval of a major disposal or diversion of parkland shall conduct a scoping hearing to solicit preliminary public comment on the proposed disposal or diversion. A scoping hearing shall be conducted in accordance with the following:

1. The scoping hearing shall be held in the municipality in which the parkland proposed for disposal or diversion is located. If the parkland is located in more than one municipality, the applicant shall conduct a scoping hearing in each affected municipality or in a central location approved by the Department;

2. The local government unit or nonprofit shall provide notice of the scoping hearing in accordance with (c) below. In addition, the local government unit or nonprofit is encouraged to issue a press release prior to the scoping hearing;

3. All scoping hearings shall be conducted on a weekday in the evening; and

4. The local government unit or nonprofit shall produce a transcript is made of the public hearing for submission to the Department under (e) below.

(b) A scoping hearing held under this section may be scheduled to occur as part of a meeting of the governing body of the applicant, as long as separate notice of the hearing is provided in accordance with (c) below and the applicant adjourns the meeting of the governing body to conduct the public hearing.

(c) A local government unit or nonprofit shall provide notice of the scoping 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 these notice requirements were met:

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

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

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

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

i. The name of the local government unit or nonprofit and the date, time and location of the scoping hearing;

ii. A general description of the major diversion or disposal being considered and a statement of the purpose it would serve;

iii. The street address (if available), municipality, county, tax map block and lot and size of the property that would be the subject of the major diversion or disposal being considered; and

iv. A statement inviting participation in the public hearing and notifying the public that, in the alternative, written comments may be submitted to the local government unit or nonprofit during a public comment period that will close two weeks after the date of the scoping hearing. 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

(d) At the scoping hearing, the local government unit or nonprofit shall:

1. Explain that the purpose of the hearing is to accept public comment on a major disposal or diversion of parkland that is under consideration;

2. Describe the proposed disposal or diversion, including the lands affected, the total acreage of parkland to be affected and the project for which the disposal or diversion is sought;

3. Set forth the compelling public need that the project would fulfill, the significant public benefit it would yield, or the exceptional recreational and/or conservation benefit it would provide;

4. Discuss past and ongoing efforts to identify alternatives to the proposed disposal or diversion considered by the local government unit or nonprofit and the reason(s) for rejecting any alternatives, and, to the extent known, the compensation that the local government unit or nonprofit would provide for the proposed disposal or diversion; and

5. Accept comment on any alternative sites suggested by the public and on alternative methods of achieving its project objectives without the diversion or disposal of parkland.

(e) If the local government unit or nonprofit decides, after the scoping hearing, to proceed with the submission of an application for disposal or diversion of the parkland, the local government unit or nonprofit shall include, in the pre-application submitted to the Department pursuant to 7:36-26.9(d), the following information pertaining to the scoping hearing:

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

2. A copy of a transcript of the public hearing as required under (a)4 above; and

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.

N.J. Admin. Code § 7:36-26.8