15A NCAC 12K .0109. SITE CONTROL AND DEDICATION

(a)  Land acquired with PARTF assistance shall be dedicated in perpetuity for local park and recreation purposes for the use and benefit of the general public.  The dedication shall be recorded in the public property records by the grantee.

(b)  The site of a PARTF project for development shall be controlled (e.g. fee simple ownership or long‑term lease) by the grantee by the closing date of the application submission period.  Any lease agreement shall extend for a minimum of 25 years unless the property is the subject of a federal, state, or local leasing arrangement which provides assurance that 25 years of public recreational use will be maintained.

(c)  Grantees shall assure that PARTF assisted development facilities are maintained and managed for public recreation use for a minimum period of 25 years after the completion date set forth in the grant agreement.

(d)  PARTF-assisted land and facilities shall not be converted to uses that are other than public recreation without approval by DENR, in the following manner:

(1)           A grant recipient shall notify DENR and request approval before any conversion occurs.

(2)           The grant recipient shall address issues of local concern prior to forwarding a conversion request to DENR.

(3)           DENR shall deny the request if it determines that the grantee has reasonable alternatives available to avoid the conversion.

(4)           All conversions shall be mitigated with measures approved by DENR with advice from the Parks and Recreation Authority.

(5)           The primary mitigation for a conversion is to have the grantee replace, at its own expense, land acquired with PARTF assistance with land of equal current fair market value and recreational usefulness.  Facilities built with PARTF assistance shall be replaced with facilities of equal current replacement value, and recreational usefulness.  Replacement areas shall also be within the grantee's service area; provide or be part of a viable recreation area; and be to the maximum extent possible, consistent with all current application requirements for a new PARTF application.

(6)           Replacement property and facilities shall be encumbered by the same obligations as specified in the project agreement and rules for the converted property or facility.

(7)           If DENR determines that the local government cannot reasonably replace the land or facilities, DENR may mitigate the conversion by the grantee repaying PARTF with funds equal to the current value of the land or facilities.

(8)           DENR shall include provisions on conversions in all grant agreements.

(e)  A conversion is defined as the use of PARTF-assisted land or facilities for a purpose other than public recreation.

(f)  If PARTF-assisted facilities are built on public school property, the applicant(s) shall submit an agreement with the application describing that the facilities will be available to the general public during non-school hours.  Projects on land owned by a school shall have sign(s) installed informing the public that the facilities are open to the general public.  These signs shall also indicate the times when the facilities are reserved exclusively for school use.

(g)  Failure by the grantee(s) to comply with the provisions of this Section or the project agreement may result, in addition to any other legal remedies, in the Authority on behalf of the Department declaring the grantee(s) ineligible for further participation in the PARTF until such time as compliance has been obtained.

 

History Note:        Authority G.S. 113-44.15;

Temporary Adoption Eff. November 1, 1994, for a period of 180 days or until the permanent rule becomes effective, whichever is sooner;

Eff. April 1, 1995;

Amended Eff. October 1, 2007; August 1, 1998.