N.J. Admin. Code § 7:36-25.1

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

Section 7:36-25.1 - Maintenance requirements for funded parkland; compliance inspection

(a) Each local government unit or nonprofit is responsible for the satisfactory care, maintenance, and operation of funded parkland. Each local government unit or nonprofit shall maintain and preserve funded parkland in a condition which is equal to or better than the condition of the land at the time it was acquired or developed with Green Acres funding.

(b) Each local government unit or nonprofit shall maintain any development constructed with Green Acres funding in reasonable repair in order to ensure its continuous use for the purpose(s) for which it was constructed, as such purpose(s) are set forth in the project agreement entered into pursuant to 7:36-14.1 or 24.1.

(c) The Department shall inspect funded parkland every three years to ensure compliance with the terms of the project agreement, this chapter, and the Green Acres laws, as follows:

1. The Department shall notify the local government unit or nonprofit at least one week in advance of the date of the inspection;

2. On or before the date of the inspection, the local government unit or nonprofit shall provide to the Department for its review and approval a copy of any fee schedule that applies to the use of the funded parkland by the public;

3. On or before the date of the inspection, the local government unit or nonprofit shall provide to the Department for its review a copy of any lease or use agreement that applies to the funded parkland and has not already been approved by the Green Acres Program;

4. As part of the inspection, the Department shall evaluate the maintenance of the parkland; the integrity of parkland boundaries; the presence of Green Acres sign(s); diversions, if any, from recreation and conservation purposes generally; compliance with the parkland use requirements of this subchapter; and such other aspects of the parkland administration necessary to determine compliance with the project agreement, this chapter, and the Green Acres laws; and

5. The Department shall provide an inspection summary to the local government unit or nonprofit after completion of the inspection. The summary shall include:

i. The status of compliance with the project agreement, the deed of conservation restriction or historic preservation restriction, this chapter, and the Green Acres laws;

ii. Comments, if any, on the local government unit's or nonprofit's fee schedule;

iii. Comments, if any, on any leases or use agreements for which the local government unit or nonprofit has not already obtained prior approval as required by 7:36-25.13 or 25.14; and

iv. A summary of the actions that the local government unit or nonprofit must take in order to correct any instance of noncompliance, and, for each instance of noncompliance, a deadline for compliance.

(d) The failure of a local government unit or nonprofit to correct an instance of noncompliance identified in an inspection summary by the deadline specified pursuant to (c)5iv above may, pursuant to 7:36-9.1 or 14.1, render the local government unit ineligible to receive a disbursement of Green Acres funding or, pursuant to 7:36-20.1 or 24.1, the nonprofit ineligible to receive a disbursement of Green Acres funding. The Department may also initiate legal or other action as appropriate to enforce this chapter, the Green Acres laws, the terms and conditions of the original project agreement under which the local government unit or the nonprofit received Green Acres funding and/or a deed of conservation restriction or historic preservation restriction executed as a condition of Green Acres funding.

N.J. Admin. Code § 7:36-25.1