N.J. Admin. Code § 7:36-6.3

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

Section 7:36-6.3 - At-risk authorization to proceed with acquisition

(a) For the acquisition to remain eligible for Green Acres funding assistance, a local government unit shall not enter into a purchase contract or institute condemnation proceedings for any parcel within the proposed project site unless it has first received notification of the Green Acres funding award under N.J.A.C. 7:36-8.1 and notification of eligible land cost under N.J.A.C. 7:36-8.4, or an at-risk authorization.

(b) Within 14 days of a local government unit's request of an at-risk authorization, Green Acres shall authorize, in writing, the local government unit to proceed with the acquisition of a proposed project site at its own risk.

(c) Within 14 days of receiving the at-risk authorization from Green Acres, the local government unit shall do the following, if it has not already done so:

1. Submit to Green Acres the Recreation and Open Space Inventory (ROSI) described at N.J.A.C. 7:36-6.5. If the project is approved under N.J.A.C. 7:36-8.1(b), the ROSI will become part of the project agreement required under N.J.A.C. 7:36-9.1 and the time of receipt of Green Acres funding shall begin on the date of the at-risk letter; and

2. Advertise and hold the public hearing consistent with N.J.A.C. 7:36-6.2(b). The advertisement must indicate that the local government unit may apply or has applied for Green Acres funding for the project.

(d) The Garden State Preservation Trust is not obligated to award funding for the acquisition of any project site for which Green Acres issues an at-risk authorization under (b) above and for which the local government unit submits an application.

(e) A local government unit is not obligated to submit an application under this subchapter or to acquire any project site for which it receives an at-risk authorization under (a) above.

(f) The acquisition of the proposed project site completed under an at-risk authorization must comply with the requirements of this chapter to remain eligible for Green Acres reimbursement.

N.J. Admin. Code § 7:36-6.3