N.J. Admin. Code § 7:70-3.1

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

Section 7:70-3.1 - Eligibility

(a) The following partnership entities are eligible to apply for partnership funds:

1. The State of New Jersey, in accordance with the State funding source requirements;

2. Any of the seven counties located in the Highlands Region;

3. Any of the 88 municipalities located in the Highlands Region; and

4. Charitable conservancies.

(b) Properties and activities within the Highlands Region eligible for consideration for funding from the Highlands

Open Space Partnership Funding Program, that are submitted by partnership entities as defined in (a) above, include:

1. The fee simple acquisition of land for conservation and/or passive recreation purposes, including, but not limited to:

i. Parkland, natural areas, and/or greenways; or

ii. The protection of natural resources as identified in the Highlands Regional Master Plan; and

2. The acquisition of conservation easements for conservation purposes, including, but not limited to:

i. Parkland, natural areas, and/or greenways;

ii. Farmland preservation; and

iii. The protection of natural resources and/or agricultural preservation priority areas.

(c) The following properties and activities are ineligible for funding under the Highlands Open Space Partnership Funding Program:

1. Properties to be held in fee simple title by the Highlands Council;

2. Properties which require condemnation;

3. Properties containing significant environmental contamination, including, but not limited to, former landfill sites, sites having a history of operating as a facility with substantial likelihood for on-site contamination, and sites listed on the New Jersey Department of Environmental Protection's Known Contaminated Sites List;

4. Properties already preserved or acquired during the application process by municipalities, counties, the State, or a qualified charitable conservancy;

5. Administrative or operational costs of the applicant or current or former owners;

6. Construction or development projects, including capital improvements, recreation improvements, infrastructure projects, and the restoration, rehabilitation, or reconstruction of any structure (however, this shall not preclude the purchase of the eligible underlying lands);

7. Maintenance, care, custodial, or policing expenditures, including, but not limited to, grounds maintenance, restoration, or reconstruction;

8. Ceremonial or publicity expenses;

9. Interest, bonding expenses, or other financing costs;

10. Fundraising or lobbying expenses; and

11. Interpretive activities, such as displays or signs.

(d) The partnership entity may propose either a fee simple acquisition or the acquisition of the development rights through a conservation easement.

1. Under the Highlands Open Space Partnership Funding Program, the Highlands Council will not hold fee simple title to a property. Only the partnership entity or its designee shall hold fee simple title.

2. The property shall be restricted in perpetuity from future development to protect any existing resources located on the property in accordance with requirements of the conservation easement.

N.J. Admin. Code § 7:70-3.1

Adopted by 48 N.J.R. 631(a), effective 4/18/2016