N.J. Admin. Code § 7:36-21.1

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

Section 7:36-21.1 - General provisions and funding policies

(a) Nonprofits may apply to the Department for Green Acres matching grant funding for the development of land for public outdoor recreation and conservation purposes, to a maximum of 50 percent of the allowable project costs at 7:36-21.6. To be eligible for funding, a nonprofit development project either must be located within an Urban Aid municipality, a Densely or Highly Populated municipality, or a Densely Populated County, or the supermajority (more than two-thirds) of the users of the facility to be developed must be from those areas. There is no minimum or maximum amount that a nonprofit may request as a 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 7:36-23.1, the legislative findings of the Garden State Preservation Trust Act (13:8C-2) , and such considerations as the nonprofit'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 nonprofit that receives Green Acres funding shall execute and donate to the State, at no charge, a permanent conservation restriction, historic preservation restriction, or both, as applicable, on the project site. The restriction shall be prepared or approved by the State. If the project is located on land owned in fee simple by a local government unit and listed on the local government unit's recorded ROSI, the nonprofit is not required to execute a restriction on the project site.

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

(f) No grant shall be made to a nonprofit for a development project for recreation and conservation purposes on lands owned by a local government unit unless the local government unit is a co-applicant with the nonprofit or has otherwise indicated its approval in writing of the proposed development project.

(g) A development project shall be located on land that is owned in fee simple by the nonprofit, or on land for which the nonprofit has obtained an irrevocable lease approved by Green Acres for at least 25 years, except as described in (g)1 and 2 below. The 25-year term of the lease shall begin from the date of the proceed to bid letter described at 7:36-24.2(a).

1. If the land is not owned by the nonprofit but is listed on a local government unit's recorded ROSI, 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 7:36-24.2(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.

(h) A nonprofit 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.

(i) A nonprofit 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/eot91.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.

(j) The Department encourages the nonprofit to design and construct the development project using clean energy, renewable energy, and energy efficient technologies.

(k) The disbursement of Green Acres funding to a nonprofit shall not exceed the actual amount the nonprofit expended for all allowable project costs listed under 7:36-21.6.

(l) It is the responsibility of the nonprofit 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.

(m) A nonprofit that has not demonstrated reasonable progress in completing a previously approved Green Acres project or is not in compliance with the requirements of this chapter, such as by not maintaining its funded parkland in accordance with the terms of the project agreement or conservation or historic preservation restriction required under (d) above, may be ineligible for funding.

N.J. Admin. Code § 7:36-21.1