N.J. Admin. Code § 7:36-25.9

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

Section 7:36-25.9 - Fees for use of funded parkland and recreation and conservation facilities on funded parkland

(a) A local government unit or nonprofit may establish a fee schedule for the use of funded parkland or for the use of recreation and conservation facilities on funded parkland, provided that the fees conform with (b) and (c) below.

(b) The fees shall not be so excessive as to discourage reasonable public access.

(c) The fees may be established in the following categories:

1. Yearly, seasonal, monthly, weekly, daily, single use or hourly. However, if the local government unit or nonprofit establishes yearly, seasonal, monthly and/or weekly fees, it shall also establish daily or single use fees;

2. Individual, group, team or family;

3. Local government unit resident or non-resident. However, the fee charged to a non-resident who lives in the State shall not be greater than two times the fee charged to a local government unit resident;

4. Handicapped, senior citizen, youth or student; and

5. Nonprofit, for profit or corporate.

(d) A local government unit or nonprofit shall use any fees it collects for the use of funded parkland or a recreation and conservation facility on funded parkland for operating, maintenance, or capital expenses related to its funded parkland or to its recreation program as a whole. A local government unit shall establish a separate account to serve as a repository for the fees, if permitted to do so by law.

(e) The Department reserves the right to request that an audit be conducted and an audit report submitted in conformance with the Single Audit Act of 1984, P.L. 98-502 and the Single Audit Act Amendments of 1996, P.L. 104-156 (31 U.S.C. §§ 7501 et seq.), Federal Office of Management and Budget (OMB) Circular A-133: "Audits of States Local Governments, and Non-Profit Organizations," incorporated herein by reference, and State OMB Circular 04-04: "Single Audit Policy for Recipients of Federal Grants, State Grants, and State Aid," incorporated herein by reference, showing the use of collected fees.

(f) The Department shall review and approve or disapprove fee schedules established under this section and the management and use of the fees collected as part of its inspection of funded parkland under N.J.A.C. 7:36-25.1(c). The Department may also investigate the establishment, management and use of fees for funded parkland in response to complaints from the public about noncompliance with this section. The Department reserves the right to request additional information and justification if a fee appears to be based on a category other than those allowed under (c) above or to be excessive when compared with fees charged at similar facilities, or if the use of fees appears to fail to conform to (d) above. The failure of a local government unit or nonprofit to correct an instance of fee noncompliance identified by the Department by the deadline specified by the Department may, pursuant to N.J.A.C. 7:36-9.1 or 14.1, render the local government unit ineligible to receive a disbursement of Green Acres funding or, pursuant to N.J.A.C. 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, and/or the terms and conditions of the original project agreement under which the local government unit or the nonprofit received Green Acres funding.

N.J. Admin. Code § 7:36-25.9