N.J. Admin. Code § 7:36-25.6

Current through Register Vol. 56, No. 18, September 16, 2024

Section 7:36-25.6 - Change in purpose or use of funded or unfunded parkland

(a) A local government unit or nonprofit may change the recreation and conservation purpose or use for which funded or unfunded parkland is being used to another recreation or conservation purpose or use, including, but not limited to, development of the lands for public outdoor recreation, or construction by a local government unit of a building or other structure on unfunded parkland for public indoor recreation, in accordance with the following procedures:

1. The local government unit or nonprofit shall hold at least one public hearing on the proposed change in purpose or use at least 90 days prior to final approval of the change in purpose or use or proposed construction by the local government unit or nonprofit. The public hearing shall be held on a weekday in the evening in the municipality in which the parkland that is the subject of the proposed change in purpose or use is located. If the parkland is located in more than one municipality or the nonprofit is a regional nonprofit, the public hearing shall be held at a central location approved in advance by the Department within the county or region served by the local government unit or nonprofit. The local government unit or nonprofit shall produce a transcript of the public hearing for submission to the Department. The local government unit or nonprofit shall provide public notice of the hearing as follows:

i. At least 30 days prior to the hearing, the local government unit or nonprofit shall:

(1) At its option, publish a legal notice of the hearing in the official newspaper(s) of the municipality(ies) in which the parkland is located and, if the local government unit is a County or the nonprofit is a regional nonprofit, also in a local newspaper of general interest and circulation;

(2) Post notice of the hearing on its official web site (if any) in the same manner as other public hearing notices are posted;

(3) Provide written notice of the hearing to Green Acres, the governing body, 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; and

(4) Post and maintain in a legible condition until the public comment period is concluded under (a)1iii(4) below, a sign on the parkland that is the subject of the proposed change in purpose or use or in other prominent location(s) approved by the Department. Such sign shall advise the public of the proposed change in purpose or use, the public hearing on the proposed change in purpose or use and the opportunity for public comment on the proposed change in purpose or use. Such sign shall be of sufficient size and visibility and contain sufficient detail as to inform the general public of the proposed change in purpose or use and the method by which the public may obtain information about such proposed change, and shall be subject to the Department's approval;

ii. At least 15 days prior to the hearing, the local government unit or nonprofit 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 change in purpose or use is located and, if the local government unit is a county or the nonprofit is a regional nonprofit, also in a local newspaper of general interest and circulation; and

iii. The notices and advertisements required under (a)1i and ii above shall include the following information:

(1) The name of the local government unit or nonprofit and the date, time and location of the public hearing;

(2) A general description of the proposed change of purpose or use;

(3) The street address (if available), municipality, county, tax map block and lot and size of the land(s) for which the change in purpose or use or construction is proposed; and

(4) A statement inviting participation in the public hearing and notifying the public that, in the alternative, written comments on the proposed change or purpose or use may be submitted to the local government unit or nonprofit during a public comment period that will end on the date that is two weeks after the hearing date. 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

2. Within 60 days of the close of the public comment period for any public hearing to be held under (a)1 above, the local government unit or nonprofit shall provide the Department with proof of publication of the notices of public hearing if any, under (a)1i(1) above; proof of publication of the display ad required under (a)1ii above; a dated copy of the posting required under (a)1i(2) above (if applicable); copies of and proof of mailing of the notices required under (a)1i(3) above; and proof of the posting and maintenance of a sign as required under (a)1i(4) above;

3. Within 90 days after approving the proposed change in purpose or use or proposed construction, the local government unit or nonprofit shall provide the Department with written proof that one or more public hearings were held under (a)1 above, including a copy of the transcript required by (a)1 above; and

4. Within 90 days after changing the purpose or use of the funded or unfunded parkland or commencing construction of a structure or building for public indoor recreation on unfunded parkland, the local government unit or nonprofit shall provide the Department with written notice of the change in purpose or use or of the commencement of construction.

(b) In addition to meeting the public notice and hearing requirements listed in (a) above, a local government unit or nonprofit must obtain the written approval of the Department before it may impose any perpetual restriction, such as, but not limited to, a deed restriction, covenant or easement, on funded parkland to prohibit the development or use of the parkland for one or more recreation purposes.

(c) For the purposes of this section, a change in recreation and conservation purpose or use of parkland shall include:

1. The construction of recreation and conservation facilities, such as athletic fields or playgrounds, on undeveloped parkland or an undeveloped portion of parkland;

2. On funded parkland, the conversion of buildings originally acquired or constructed in support of recreation and conservation purposes to indoor recreation uses or purposes; and

3. The imposition of restrictions, through regulation, ordinance or other legal mechanism, intended to prohibit the development or use of funded or unfunded parkland for one or more recreation purposes. The imposition of perpetual restrictions on funded parkland also requires written Department approval under (b) above.

(d) For the purposes of this section, a change in recreation and conservation purpose or use of parkland shall not include:

1. The replacement of existing recreation and conservation development or facilities with development or facilities for another recreation and conservation purpose or use, or the renovation or repair of existing facilities, as long as such replacement, renovation or repair involves less than one-quarter acre of additional permanent disturbance of parkland;

2. The use of an existing structure on funded or unfunded parkland for another recreation or conservation purpose, as long as no expansion of the structure is proposed;

3. The construction of additional support structures, such as bleachers, concession stands, picnic shelters or lighting towers, within the boundary of an existing developed recreation area, in order to enhance the existing purpose or use of that area;

4. Use of undeveloped parkland for short-term events such as festivals, carnivals or parades;

5. Implementation of natural resource management techniques and activities on funded or unfunded parkland, such as deer management, fishing controls or invasive species controls; or

6. The construction of recreation and conservation facilities identified by the local government unit or nonprofit in an approved application for Green Acres funding for acquisition or development of parkland.

(e) The notices and public hearing required pursuant to this section may be combined by the local government unit with public notices and hearings conducted for approval of a municipal or county master plan, parkland site master plan, municipal or county park master plan, application for municipal or county open space funding or approval of a municipal or county budget, as long as such notices and hearing substantially comply with the requirements of this section.

(f) In addition to satisfying the requirements of this section, the local government unit or nonprofit shall obtain all other applicable Federal, State, county or local approvals for the proposed change in recreation and conservation purpose or use of parkland.

N.J. Admin. Code § 7:36-25.6