N.J. Admin. Code § 7:36-4.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:36-4.1 - General provisions and funding policies

(a) Local government units may apply to the Department for Green Acres funding for the acquisition of land for recreation and conservation purposes. There is no minimum or maximum loan or matching grant 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 N.J.A.C. 7:36-7.1, the legislative findings of the Garden State Preservation Trust Act (N.J.S.A. 13:8C-2), and such considerations as the local government unit's progress in expending any approved Green Acres funding; geographic distribution of applications; achievement of an approved petition for plan endorsement 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; 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 N.J.A.C. 7:36-6.5. 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 N.J.A.C. 7:36-9.1. The local government unit shall execute a declaration, described at proposed N.J.A.C. 7:36-9.1(a), which it shall record with the county clerk after it receives a disbursement of Green Acres funding pursuant to N.J.A.C. 7:36-9.4(f).

(e) A 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 any other State, county, and local statutes, regulations, and ordinances, as applicable, related to the project.

(f) 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 N.J.A.C. 7:36-4.10.

(g) The Department encourages each local government unit to review and consider the applicable Landscape Maps, developed by the Department's Division of Fish and Wildlife, during the formulation of its open space preservation and planning goals, and as part of its preparation of a Green Acres application. Information about the Landscape Maps can be found at www.nj.gov/ dep/fgw/ensp/landscape or by writing to the Division of Fish & Wildlife, PO Box 400, Trenton, New Jersey 08625-0400.

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

N.J. Admin. Code § 7:36-4.1