N.J. Admin. Code § 7:36-7.1

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

Section 7:36-7.1 - Project award criteria

(a) For a project in the Standard Acquisition, Urban Aid Acquisition, or Site Specific Incentive Acquisition funding award categories, the Department shall assign priority points in accordance with (b) below to each acquisition project after it has received a complete application under 7:36-6.4. The assignment of priority points reflects the degree to which a proposed project is consistent with the most recent New Jersey Statewide Comprehensive Outdoor Recreation Plan (available from Green Acres at PO Box 412, Trenton, New Jersey 08625-0412); the State Plan, New Jersey Meadowlands Master Plan, Pinelands Comprehensive Management Plan, or Highlands Regional Master Plan, as applicable; and the findings and declarations and, as applicable, special considerations for funding awards set forth in the Green Acres laws, State open space and recreation priorities, and this chapter.

(b) The Department shall assign priority points according to the following protocol:

1. The Department may assign a maximum of 30 points based on the extent to which a project satisfies the need for open space for recreation in a particular county, as follows:

i. The extent to which there is a deficit in open space for recreation and conservation purposes within the jurisdiction of the local government unit, under the balanced land use guidelines for municipalities and counties, one to five points. For purposes of this section, the balanced land use guidelines recognize competing uses for developable land (for example, housing versus ballfields) and are expressed as goals. For a municipality, the balanced land use goal is that a minimum of three percent of the developed and developable area of the municipality should be held as open space for recreation. For a county, the balanced land use goal is that a minimum of seven percent of the developed and developable area of the county should be held as open space for recreation. The Statewide Comprehensive Outdoor Recreation Plan (available from Green Acres) contains a complete discussion of the balanced land use guidelines; and

ii. The population density and the extent to which there is a shortage of availability of other open space which satisfies similar recreational needs within the area from which the majority of users of the proposed project are expected to come, one to 25 points.

2. The Department may assign a maximum of 30 points based on the extent to which a project meets environmental protection goals, as follows:

i. The extent to which the project contains open space and/or conservation areas of sufficient size and located so as to:

(1) Protect wildlife habitat, zero to three points;

(2) Enhance or preserve a critical environmental site identified in the State Plan, the New Jersey Meadowlands Master Plan, the Pinelands Comprehensive Management Plan, or Highlands Regional Master Plan, as applicable, and/or another unique natural area or land type (for example, steep slope, dune, beach, wetland, forest land), zero to three points;

(3) Provide an addition to or link between existing public recreation and/or open space areas, zero to three points;

(4) Support a regional open space and/or conservation initiative (for example, shore protection or preservation of landscape ecology, biodiversity, wildlife corridors, and/or greenways), zero to three points; and

(5) Protect documented threatened and/or endangered species habitat, zero to three points.

ii. The extent to which a project creates or extends a greenway or protects a water resource area, including forests, shorelines, and stream corridors of sufficient size and located so as to:

(1) Establish an integral link in an existing or planned local, regional, or statewide conservation initiative, or a component of a Wild and Scenic Rivers system under the National Wild and Scenic Rivers Act, 16 U.S.C. §§ 1271- 1287 and/or the New Jersey Wild and Scenic Rivers Act, 13:8-45 et seq., zero to three points;

(2) Facilitate water resource protection efforts, zero to three points;

(3) Provide significant natural flood protection, zero to three points;

(4) Act as a physical or visual buffer between a significant natural resource or feature and development, or provide visual or physical access to a waterbody, zero to three points; or

(5) Protect headwaters, tributaries, or corridors of any waterbodies classified as "Category One Waters," pursuant to N.J.A.C. 7:9B, and associated special water resource protection areas established pursuant to N.J.A.C. 7:8, as well as other streams or rivers, zero to three points.

3. The Department may assign a maximum of 15 points based on the extent to which a project meets historic resource preservation goals, as follows:

i. If the project is on, contained within, or adjacent to a site included on or eligible for inclusion in the New Jersey Register of Historic Places under 13:1B-15.1 28 et seq. and/or the National Register of Historic Places under 16 U.S.C. §§ 470 et seq., or is a Critical Historic Site identified in the State Plan, New Jersey Meadowlands Master Plan, Pinelands Comprehensive Management Plan, or Highlands Regional Master Plan, as applicable, zero to three points;

ii. If the project is an historic project that provides an extension to or linkage between existing public recreation and/or open space areas, zero to three points;

iii. The degree to which the project is a significant and/or contributing component of an historic district designated as such under 13:1B-15.1 28 et seq., zero to three points;

iv. If the project is part of an ongoing historic preservation or restoration project or historic study or investigation, zero to three points; and

v. The extent to which the project is one with historic integrity of location, design, setting, materials, workmanship, feeling, and association, zero to three points.

4. The Department may assign a maximum of 15 points based on the extent to which public involvement and support in the planning process for a project, beyond the minimum requirement of a public hearing under 7:36-6.2, has been sought and obtained. Green Acres shall evaluate the degree to which:

i. There is public support, as demonstrated through letters from the municipal and county planning boards, park agencies, recreation departments, environmental commissions, user groups, and the general public, zero to five points; and

ii. The project is consistent with the State Plan, New Jersey Meadowlands Master Plan, Pinelands Comprehensive Management Plan, or Highlands Regional Master Plan, as applicable; the New Jersey Statewide Comprehensive Outdoor Recreation Plan; and local and county land use plans, especially open space and recreation elements thereof, as demonstrated in excerpts from or specific references to such plans in the project application; and whether proof of an approved petition for plan endorsement by the State Planning Commission or, for a local government unit in the Pinelands, certification from the Pinelands Commission that its master plan and land use ordinances or regulations are consistent with the minimum standards of the Pinelands Comprehensive Management Plan, pursuant to N.J.A.C. 7:50-3 Part II or IV, as applicable, has been provided, zero to 10 points;

5. The Department may assign a maximum of 28 points based on the overall quality of a project by evaluating the extent to which:

i. The project is accessible to population centers; is accessible by public transportation, walking or bicycling; and will create public access where none exists or where existing access is undeveloped or restricted, zero to four points;

ii. The project has recreation development potential, because it is suitable for major outdoor recreation facility development, is suitable for the use and/or development of appropriate water dependent recreation activities or facilities, represents part of a planned or existing waterfront development plan, provides environmental and/or historic interpretive opportunities, or improves management or expansion of recreation facilities or services, zero to 10 points;

iii. The project improves needed public access (visual and/or physical) to water, zero to six points; and

iv. The project is cost-effective as determined by weighing the quality of conservation or recreation opportunities provided by the project against the anticipated cost. Considerations include: the cost of alternative locations and facilities; whether the land is available at lower cost due to bargain sale, donation, easement, or partnerships; the cost of future operation and maintenance; and whether the project has development approvals from the local planning board; negative eight to eight points.

6. The Department may assign a maximum of 14 points to a project that incorporates the following items:

i. Private investment and/or ecotourism potential, public/private sector venture, and/or supports municipal and county (urban complex) strategic revitalization plans and programs consistent with the State Plan, New Jersey Meadowlands Master Plan, Pinelands Comprehensive Management Plan, or Highlands Regional Master Plan, as applicable, one point;

ii. Waterfront development or redevelopment, one point;

iii. Trails, bike paths, or greenways, one point;

iv. Historic or archaeologic resource enhancement or preservation, one point;

v. Wildlife habitat protection, one point;

vi. Protection of any waterbodies classified as "Category One Waters," pursuant to N.J.A.C. 7:9B, and associated special water resource protection areas established pursuant to N.J.A.C. 7:8; or protection of other water resources, one point;

vii. Multiple use project (active and passive recreation opportunities), one point;

viii. Addition to a prior Green Acres-funded acquisition or development, one point;

ix. Private donation of land, labor, or cash, one point;

x. Likelihood or threat of private development for other than recreation and conservation purposes, one point. Examples of actions that may indicate a possible impending development may include whether the property is on the market or is the subject of local planning board action, or if any of the permits or approvals listed at 7:36-6.4(f), or other development permits or approvals have been sought for the property;

xi. Supports a school construction initiative in an Abbott District established pursuant to N.J.A.C. 6A:10A, one point;

xii. Reclamation of a former brownfields site, one point;

xiii. Acquisition undertaken by a municipality in the Highlands that has amended its development regulations in accordance 13:20-13 to establish one or more receiving zones for the transfer of development potential from a sending zone in the Highlands, one point; and

xiv. The Department shall assign one point to a project undertaken by a municipality that has amended its development regulations in accordance with the State Transfer of Development Rights Act ( P.L. 2004, c. 2 (40:55D-137 et seq.)) to establish one or more receiving zones for the transfer of development potential.

7. The Department shall assign five points to a project undertaken by a county or municipality that has not previously received Green Acres funding.

N.J. Admin. Code § 7:36-7.1