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New Jersey Statutes 13:8B-1 - Title
of act
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Current as of:
2009
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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.
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New Jersey Statutes 13:8B-2 - Definitions
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Current as of:
2009
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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.
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New Jersey Statutes 13:8B-3 - Acquisition and enforcement of conservation
or historic preservation restrictions
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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.
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New Jersey Statutes 13:8B-4 - Privity of estate or contract; enforceability
of restrictions; recording
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New Jersey
Statutes > Title
13 > Chapter
8B > § 13:8B-4 - Privity of estate or contract; enforceability of
restrictions; recording
Current as of:
2009
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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.
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New Jersey Statutes 13:8B-5 - Release of restrictions; public hearing
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Current as of:
2009
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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.
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New Jersey Statutes 13:8B-6 - Approval of commissioner of environmental
protection
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Current as of:
2009
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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.
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New Jersey Statutes 13:8B-7 - Valuation of land subject to restriction
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Current as of:
2009
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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
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New Jersey Statutes 13:8B-8 - Construction
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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.
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New Jersey Statutes 13:8B-9 - Severability
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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.
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