N.J. Admin. Code § 7:36-25.10

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

Section 7:36-25.10 - Public access to and use of funded parkland

(a) A local government unit or nonprofit shall ensure that funded parkland is open and that reasonable public access, as determined by the Department, is afforded to all New Jersey residents.

(b) A local government unit or nonprofit that intends to close an area of funded parkland to public access or use for more than 30 days in order to protect public safety, conduct routine maintenance, or protect a specific natural or cultural resource shall notify Green Acres in writing in advance of the closure. The local government unit or nonprofit shall post a sign at the area being closed that states the reason for the closure and, if known, the date of anticipated reopening of the area.

(c) A local government unit or nonprofit may schedule the use of a recreation and conservation facility to accommodate organized sports or other recreation or conservation purposes. However, the local government unit or nonprofit shall not schedule the use of a facility in such a way that the public is denied reasonable access to or use of the facility, and the local government unit or nonprofit shall provide public access to another comparable facility for the period for which access to the recreation and conservation facility is scheduled.

(d) A local government unit or nonprofit shall not enter into exclusive use agreements or allow discriminatory scheduling of the use of the funded parkland or its recreation and conservation facilities based on residency or otherwise in violation of the Law Against Discrimination, N.J.S.A. 10:5-1 et seq., or other applicable law.

(e) If yearly or seasonal rentals, reservations, memberships or permits are offered for the use of recreation and conservation facilities on funded parkland, such as marina slips, swimming pools, ice rinks, tennis courts, golf courses, or athletic fields, and the demand for such rentals, reservations, memberships or permits exceeds the available supply, the local government unit or nonprofit shall:

1. Conduct a fair and equitable system to distribute the rentals, reservations, memberships or permits;

2. Limit the time period for rentals of marina slips to a maximum of five years;

3. Limit the time period for other rentals, reservations, memberships or permits to a maximum of two years; and

4. Provide for daily or one-time use of the facilities as required under N.J.A.C. 7:36-25.9(c).

(f) The local government unit or nonprofit shall post at the funded parkland or facility the conditions and fees, if any, for its use or a telephone number and a web address (if available) by which a user may obtain information about those conditions and fees. If the local government unit or nonprofit charges fees or requires permits or reservations for access to recreation and conservation facilities on funded parkland, it shall provide for reasonable public access to available facilities during non-business hours. Such access may be provided by allowing access on a first-come first-served basis, providing automated fee collection or other reasonable method. For the purposes of this paragraph, "reasonable public access" shall not include or require access to facilities, such as golf courses and swimming pools, that require operation by employees or representatives of the local government unit or nonprofit in order to function properly or to protect the public health, safety or welfare.

N.J. Admin. Code § 7:36-25.10