N.J. Admin. Code § 7:36-4.7

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

Section 7:36-4.7 - Acquisition of conservation restrictions or historic preservation restrictions

(a) A local government unit 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;

2. Providing significant benefits to other contiguous public parkland that provides public access; or

3. Providing for the acquisition of those rights necessary to serve as a necessary buffer or protective area to existing permanent open space or to a unique natural area or wildlife habitat.

(b) A local government unit 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; or

2. Providing significant benefits to other contiguous public parkland that provides public access.

(c) If a local government unit 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 local government unit acquires a conservation restriction under (a)2 or 3 above or an historic preservation restriction under (b)2 above, Green Acres will provide to the local government unit for land acquisition half of what the local government unit would otherwise be eligible to receive for the purchase of the restriction.

(e) If a local government unit seeks to acquire 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 the restriction 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. 7:36-9.4(c) and shall be submitted to Green Acres for approval prior to the local government unit acquiring the project site.

N.J. Admin. Code § 7:36-4.7