A2227

An Act concerning lands acquired for recreation and conservation purposes by the State, counties, or certain nonprofit organizations, supplementing P.L.1999, c.152 (C.13:8C-1 et seq.), and amending P.L.1974, c.167.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New section) a. (1) The State shall hold at least one public hearing prior to the State, a county, or a qualifying tax exempt nonprofit organization acquiring in an already substantially preserved municipality a parcel of any size for recreation and conservation purposes using in whole or in part constitutionally dedicated moneys or any other State funds. The public hearing shall be held in the municipality in which the lands proposed to be acquired are situated, or at such other location as may be agreed to by the governing body of the municipality, at least 60 days in advance of the execution of any contract to convey the lands to the State, a county, or a qualifying tax exempt nonprofit organization. At least 15 days in advance of the date of the public hearing, the State shall publish at least one notice thereof in one or more newspapers of general circulation in the municipality, and provide written notice to the respective governing bodies, planning boards, and clerks of the municipality and the county.

(2) The municipality in which the lands are situated shall be entitled to make a presentation at the public hearing.

(3) If a county or a qualifying tax exempt nonprofit organization is acquiring the lands, the county or qualifying tax exempt nonprofit organization, as the case may be, shall be entitled to make a presentation at the public hearing.

b. (1) The governing body of the municipality in which the lands proposed to be acquired are situated may waive any requirement established by paragraphs (1) or (2) of subsection a. of this section. In addition, the governing body of the municipality may agree to allow the State to make a presentation on the proposed land acquisition at a public meeting of the governing body of the municipality in lieu of or in addition to the public hearing otherwise required pursuant to subsection a. of this section.

(2) If a county or a qualifying tax exempt nonprofit organization is acquiring the lands, the county or qualifying tax exempt nonprofit organization, as the case may be, shall be entitled to make a presentation at the public meeting of the governing body of the municipality scheduled pursuant to paragraph (1) of this subsection in addition to, or in conjunction with, any presentation made by the State at that public meeting.

c. For the purposes of this section:

"Already substantially preserved municipality" means any municipality in which at least 35% of the total land area of the municipality is owned for recreation and conservation purposes by the federal government, the State, the county, or a qualifying tax exempt nonprofit organization; and

"Using in whole or in part constitutionally dedicated moneys or any other State funds" means the actual or planned expenditure of such moneys or funds by the State, a county, or a qualifying tax exempt nonprofit organization, or the eventual use of constitutionally dedicated moneys or any other State funds to fully or partially reimburse a county or a qualifying tax exempt nonprofit organization for the expenditure of its funds.

2. Section 4 of P.L.1974, c.167 (C.54:4-3.66) is amended to read as follows:

4. a. The Commissioner of the Department of Environmental Protection may certify that the real property is maintained or operated for the benefit of the public only if [he] the commissioner finds, after a public hearing on the application has been held, that the real property for which an application for tax exemption is made is open to all on an equal basis and that a tax exemption for such property would be in the public interest. Restrictions on the use of such real property by the public may be permitted if the commissioner finds that they are necessary for proper maintenance and improvement of the property or that significant natural features of the land may be adversely affected by unrestricted access. The commissioner may authorize that reasonable charges may be made for entrance onto or use of such real property. The commissioner may consult with the Natural Areas Council in making a determination as to whether the granting of a certificate for the real property covered by the application would serve the public interest.

b. (1) If the real property has never been the subject of a public hearing required pursuant to this section and is located in an already substantially preserved municipality, the public hearing shall be held in the municipality, or at such other location as may be agreed to by the governing body of the municipality, at least 60 days in advance of the commissioner's decision on whether or not to certify the real property pursuant to this section and section 5 of P.L.1974, c.167 (C.54:4-3.67).

(2) At least 15 days in advance of the date of the public hearing, the commissioner shall publish at least one notice thereof in one or more newspapers of general circulation in the municipality, and provide written notice to the respective governing bodies, planning boards, and clerks of the municipality and the county.

(3) If, after the public hearing held pursuant to this subsection, the governing body of the municipality notifies the commissioner in writing that it is opposed to the granting of the certification for tax exemption, and the commissioner grants the certification, the commissioner shall provide the governing body of the municipality with a written explanation detailing the reasons for the decision and either publish that explanation at least once in one or more newspapers of general circulation in the municipality or present it to the residents of the municipality at a public meeting of the governing body of the municipality.

(4) For the purposes of this subsection, "already substantially preserved municipality" means any municipality in which at least 35% of the total land area of the municipality is owned for conservation or recreation purposes by the federal government, the State, the county, or a qualifying tax exempt nonprofit organization.

(cf: P.L.1974, c.167, s.4)

3. This act shall take effect on the 90th day after the date of enactment.

STATEMENT

This bill would require the State to hold at least one public hearing, after giving appropriate public notice as prescribed in the bill, prior to the State, a county, or a nonprofit organization acquiring in an already substantially preserved municipality a parcel of any size for recreation and conservation purposes using in whole or in part State funds (that is, by either actual or planned expenditure or by eventual reimbursement). The bill defines "already substantially preserved municipality" to mean any municipality in which at least 35% of the total land area of the municipality is owned for recreation and conservation purposes by the federal government, the State, the county, or a qualifying tax exempt nonprofit organization.

The required public hearing would be held in the municipality in which the lands proposed to be acquired are situated, or at such other location as may be agreed to by the municipal governing body, at least 60 days in advance of the execution of any contract to convey the lands to the State, the county, or a nonprofit organization.

The bill provides that the municipality in which the lands are situated would be entitled to make a presentation at the public hearing, as would the county or a nonprofit organization, as the case may be, if the county or nonprofit organization is proposing to acquire the lands in question.

The bill also authorizes the governing body of the municipality in which the lands proposed to be acquired are situated to waive any requirement established by the bill. In addition, the municipal governing body may agree to allow the State to make a presentation on the proposed land acquisition at a public meeting of the municipal governing body in lieu of or in addition to the public hearing otherwise required by the bill. If the county or a nonprofit organization is proposing to acquire the lands, it would be entitled to make a presentation at that public meeting in addition to, or in conjunction with, any presentation made by the State.

Finally, the bill requires the Commissioner of Environmental Protection to hold a public hearing in any "already substantially preserved municipality" prior to certifying, for property tax exemption purposes, open space newly acquired by a nonprofit organization, regardless of how that acquisition was funded. The bill requires the commissioner to give public notice of this hearing and to provide to the municipality a written explanation detailing the reasons for granting a certification for property tax exemption despite municipal opposition.