New Jersey Statutes 13:8B-1 - Title of act

New Jersey Statutes > Title 13 > Chapter 8B > 13:8B-1 - Title of act

 

Current as of: 2009

Check for updates

    This act shall be known and may be cited as the "New Jersey Conservation Restriction and Historic Preservation Restriction Act."

    L.1979, c. 378, s. 1, eff. Feb. 5, 1980.

New Jersey Statutes 13:8B-2 - Definitions

New Jersey Statutes > Title 13 > Chapter 8B > 13:8B-2 - Definitions

 

Current as of: 2009

Check for updates

    As used in this act:

    a.  "Charitable conservancy" means a corporation or trust whose purposes include the acquisition and preservation of land or water areas or of a particular land or water area, or either thereof, in a natural, scenic or open condition, no part of the net earnings of which inures to the benefit of any private shareholder or individual, and which has received tax exemption under section 501(c) of the 1954 Internal Revenue Code;

    b.  "Conservation restriction" means an interest in land less than fee simple absolute, stated in the form of a right, restriction, easement, covenant, or condition, in any deed, will or other instrument, other than a lease, executed by or on behalf of the owner of the land, appropriate to retaining land or water areas predominantly in their natural, scenic or open or wooded condition, or for conservation of soil or wildlife, or for outdoor recreation or park use, or as suitable habitat for fish or wildlife, to forbid or limit any or all:

    (1) Construction or placing of buildings, roads, signs, billboards or other advertising, or other structures on or above the ground;

    (2) Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste or unsightly or offensive materials;

    (3) Removal or destruction of trees, shrubs or other vegetation;

    (4) Excavation, dredging or removal of loam, peat, gravel, soil, rock or other mineral substance;

    (5) Surface use except for purposes permitting the land or water area to remain predominantly in its natural condition;

    (6) Activities detrimental to drainage, flood control, water conservation, erosion control or soil conservation, or fish and wildlife habitat preservation;

    (7) Other acts or uses detrimental to the retention of land or water areas according to the purposes of this act.

    c.  "Local unit" means a municipality, county or other political subdivision of this State, or any agency thereof.

    d.  "Historic preservation restriction" means an interest in land less than fee simple absolute, stated in the form of a right, restriction, easement, covenant, or condition, in any deed, will or other instrument, other than a lease, executed by or on behalf of the owner of the land, appropriate to preserving a structure or site which is historically significant for its architecture, archeology or associations, to forbid or limit any or all:

    (1) Alteration in exterior or interior features of such structure;

    (2) Changes in appearance or condition of such site;

    (3) Uses of such structure or site which are not historically appropriate;

    (4) Other acts or uses detrimental to the appropriate preservation of such structure or site.

    L.1979, c. 378, s. 2, eff. Feb. 5, 1980.

New Jersey Statutes 13:8B-3 - Acquisition and enforcement of conservation or historic preservation restrictions

New Jersey Statutes > Title 13 > Chapter 8B > 13:8B-3 - Acquisition and enforcement of conservation or historic preservation restrictions

 

Current as of: 2009

Check for updates

    A conservation restriction or an historic preservation restriction may be acquired by the Commissioner of Environmental Protection in the name of State, or by any local unit, or by any charitable conservancy in the same manner as other interest in land may be acquired by gift, purchase or devise and, in the case of the State or local unit, by condemnation. Such restrictions may be enforced in the same manner as other interests in land, and shall entitle representatives of the holder of such restriction to enter the land or water area involved in a reasonable manner and at reasonable times so as to assure compliance with the provisions of said restriction.

    L.1979, c. 378, s. 3, eff. Feb. 5, 1980.

New Jersey Statutes 13:8B-4 - Privity of estate or contract; enforceability of restrictions; recording

New Jersey Statutes > Title 13 > Chapter 8B > 13:8B-4 - Privity of estate or contract; enforceability of restrictions; recording

 

Current as of: 2009

Check for updates

    No conservation restriction or an historic preservation restriction held by the State or a local unit or by a charitable conservancy, shall be unenforceable by reason of lack of privity of estate or contract, or lack of benefit to particular land, or an account of the benefit being assignable or being assigned to any other governmental body or charitable conservancy with like purposes. All such restrictions shall be duly recorded and indexed in the registry of deeds for the county where the land lies so as to affect its title, in the manner of other conveyances of interests in land, and shall describe the land subject to said restrictions by adequate legal description or by reference to a recorded plan showing its boundaries.

    L.1979, c. 378, s. 4, eff. Feb. 5, 1980.

New Jersey Statutes 13:8B-5 - Release of restrictions; public hearing

New Jersey Statutes > Title 13 > Chapter 8B > 13:8B-5 - Release of restrictions; public hearing

 

Current as of: 2009

Check for updates

    A conservation restriction or an historic preservation restriction may be released in whole or in part, by the holder thereof, for such consideration, if any, as the holder may determine, in the same manner as the holder may dispose of other interests in land, subject to such conditions as may have been imposed at the time of creation of the restriction; provided, however, that prior to any release, a public hearing shall be held, after notice by publication thereof at least twice in each of the 3 weeks next preceding the date of such hearing in a newspaper of general circulation in the municipality or municipalities in which the land is situated. The hearing shall be held by the governmental body holding the restriction, or if held by a charitable conservancy, by the governing body of the municipality in which the land is situated.

    L.1979, c. 378, s. 5, eff. Feb. 5, 1980.

New Jersey Statutes 13:8B-6 - Approval of commissioner of environmental protection

New Jersey Statutes > Title 13 > Chapter 8B > 13:8B-6 - Approval of commissioner of environmental protection

 

Current as of: 2009

Check for updates

    The provisions of section 5 of this act notwithstanding, no conservation restriction acquired pursuant to this act shall be released without the approval of the Commissioner of Environmental Protection. Approval of releases shall be evidenced by certificates of the Commissioner of Environmental Protection and shall be recorded in the same manner as the restriction itself.  In determining whether the release should be approved, the Commissioner of Environmental Protection shall take into consideration the public interest in preserving these lands in their natural state, and any State, regional or local program in furtherance thereof, as well as any State, regional or local comprehensive land use or development plan affecting such property.

    L.1979, c. 378, s. 6, eff. Feb. 5, 1980.

New Jersey Statutes 13:8B-7 - Valuation of land subject to restriction

New Jersey Statutes > Title 13 > Chapter 8B > 13:8B-7 - Valuation of land subject to restriction

 

Current as of: 2009

Check for updates

1. a. Notwithstanding the provisions of section 13 of P.L.1961, c.45 (C.13:8A-13), section 13 of P.L.1971, c.419 (C.13:8A-31), section 13 of P.L.1975, c.155 (C.13:8A-47), or any rule or regulation adopted pursuant thereto to the contrary, a parking lot located on, and which is used to provide public access to, lands acquired or developed for recreation and conservation purposes by a local unit with financial assistance from the State in the form of a grant or loan of Green Acres bond funds, may also be used by the public as a designated commuter parking lot, and that additional use shall not be deemed to constitute a disposal or diversion of those lands pursuant to section 13 of P.L.1961, c.45 (C.13:8A-13), section 13 of P.L.1971, c.419 (C.13:8A-31), section 13 of P.L.1975, c.155 (C.13:8A-47), or any rule or regulation adopted pursuant thereto; provided that the Commissioner of Environmental Protection, after holding at least one public hearing in the municipality wherein the lands are located, has approved the additional use of the parking lot for commuter parking.

b.The commissioner shall grant the approval required pursuant to subsection a. of this section only if the commissioner finds that:

(1)the local unit has adopted an ordinance or resolution, as appropriate, designating the parking lot for dual use as a public park access and commuter parking lot, subject to the approval of the commissioner pursuant to this section;

(2)the parking lot was constructed prior to June 30, 1999;

(3)no Green Acres bond funds were used to pay for construction of the parking lot; and

(4)the additional use of the parking lot, and any improvements which may be made thereto, for commuter parking (a) in consultation with the Commissioner of Transportation, fulfill a compelling public need or yield a significant public benefit, (b) would not substantially inhibit use of the parking lot for public access to the lands for recreation and conservation purposes, and (c) would not substantially harm the recreation and conservation purposes for which the lands were acquired.

c.The expansion of any parking lot or the construction of any additional parking lot on lands acquired or developed for recreation and conservation purposes and for which an approval for a dual use public park access and commuter parking lot has been granted by the commissioner pursuant to this section shall be deemed to constitute a disposal or diversion of those lands pursuant to section 13 of P.L.1961, c.45 (C.13:8A-13), section 13 of P.L.1971, c.419 (C.13:8A-31), or section 13 of P.L.1975, c.155 (C.13:8A-47), as the case may be.

d.The commissioner, after holding at least one public hearing in the municipality wherein the lands are located, may revoke any approval granted pursuant to this section if the facts or findings upon which the approval was based have changed to the extent that the requirements for approval as prescribed in this section are no longer met.

e.No improvements shall be made to any parking lot designated and approved for dual use as a public park access and commuter parking lot pursuant to this section without the approval of the commissioner. Such approval shall be granted only if the commissioner, after holding at least one public hearing in the municipality wherein the parking lot is located, finds that (1) the improvements meet the criteria set forth in paragraph (4) of subsection b. of this section, and (2) do not constitute an expansion of the parking lot.

f.For the purposes of this section:

"Commissioner" means the Commissioner of Environmental Protection;

"Green Acres bond funds" means proceeds from the sale of bonds pursuant to P.L.1961, c.46; P.L.1971, c.165; P.L.1974, c.102; P.L.1978, c.118; P.L.1983, c.354; P.L.1987, c.265; P.L.1989, c.183; P.L.1992, c.88; or P.L.1995, c.204, for the purpose of providing State grants or loans to assist local units to meet the cost of acquiring or developing lands for recreation and conservation purposes;

"Local unit" means the same as that term is defined pursuant to section 3 of P.L.1961, c.45 (C.13:8A-3), s

New Jersey Statutes 13:8B-8 - Construction

New Jersey Statutes > Title 13 > Chapter 8B > 13:8B-8 - Construction

 

Current as of: 2009

Check for updates

    This act shall be known and may be cited as the "New Jersey Conservation Restriction and Historic Preservation Restriction Act."

    L.1979, c. 378, s. 1, eff. Feb. 5, 1980.

New Jersey Statutes 13:8B-9 - Severability

New Jersey Statutes > Title 13 > Chapter 8B > 13:8B-9 - Severability

 

Current as of: 2009

Check for updates

    If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.

    L.1979, c. 378, s. 9, eff. Feb. 5, 1980.