N.J. Admin. Code § 7:36-10.1

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

Section 7:36-10.1 - General provisions and funding policies

(a) Local government units may apply to the Department for Green Acres funding for the development of land for outdoor recreation and conservation purposes. There is no minimum or maximum amount that a local government unit may request as a loan or matching grant in such an application.

(b) Each year, the Department shall establish a maximum funding limit per project or per applicant based on total funding requests, available funds, project priorities established under 7:36-13.1, the legislative findings of the Garden State Preservation Trust Act (13:8C-2) , and such considerations as the local government unit's progress in expending any approved Green Acres funding, geographic distribution of applications, and total population or population density of the county and/or municipality(ies) in which the proposed project site is located.

(c) Any Green Acres funding award is subject to legislative appropriation.

(d) A local government unit that receives Green Acres funding shall not convey, dispose of, or divert to a use for other than recreation and conservation purposes any lands held by the local government unit for those purposes at the time of receipt of Green Acres funding. The local government unit shall list such lands on the Recreation and Open Space Inventory (ROSI) described at 7:36-12.5. The ROSI is required as part of the application for Green Acres funding and, if such application is approved, shall become part of the project agreement described at 7:36-14.1. The local government unit shall execute a declaration, described at 7:36-14.1(a), which shall encumber all lands listed on the ROSI, and record with the county clerk the declaration with the attached ROSI after it receives a disbursement of Green Acres funding pursuant to 7:36-14.5(c).

(e) All land and facilities developed with Green Acres funding must be accessible to the public.

(f) A development project shall be located on land that is owned in fee simple by the local government unit, or on land for which the local government unit has obtained an irrevocable lease approved by Green Acres for at least 25 years, except as described in (f)1 and 2 below. The 25-year term of the lease shall begin from the date of the proceed to bid letter described at 7:36-14.2(a).

1. If the land is not owned by the local government unit but is listed on the recorded ROSI of another local government unit, a use agreement may be used in place of a lease. The use agreement must be approved by Green Acres and must have a 25-year term that begins from the date of the proceed to bid letter described at 7:36-14.2(a).

2. If the land is held by the Department, the Department shall determine the appropriate term and provisions of the lease or use agreement.

(g) The local government unit that is awarded Green Acres funding is responsible for obtaining all permits and meeting all requirements of all Federal statutes, Green Acres laws, and other State, county, and local statutes, regulations, and ordinances, as applicable, related to the project.

(h) A local government unit shall comply with Executive Order No. 91(1993) regarding the procurement and use of recycled products when developing land with Green Acres funding. The executive order is available at www.nj.gov/infobank/circular/eof91.htm or by writing to the Division of Solid and Hazardous Waste, PO Box 414, Trenton, New Jersey 08625-0414. Additional information about the procurement and use of recycled products is available at www.recyclenj.org or by writing to the Bureau of Recycling and Planning in the Division of Solid and Hazardous Waste.

(i) The Department encourages the local government unit to design and construct the development project using clean energy, renewable energy, and energy efficient technologies.

(j) The disbursement of Green Acres funding to a local government unit shall not exceed the actual amount the local government unit expended for all allowable project costs listed under 7:36-10.6.

(k) It is the responsibility of the local government unit to obtain and utilize the most current applicable forms required as part of a Green Acres development project. All forms can be obtained from Green Acres at PO Box 412, Trenton, New Jersey 08625.

N.J. Admin. Code § 7:36-10.1