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Implementing Municipal Public Access Plans
Municipal Public Access Funds

N.J.A.C. 7:7E-8.11(e)5iii Municipal Public Access Plan
Identifies proposed tools to implement the municipal public access plan
measures, including, but not limited to, the adoption or amendment of municipal ordinances, the creation of a Public Access Fund, established in accordance with (f) below, to be used solely for the development and maintenance of public access, and the development of other municipal programs that ensure reasonable access to the water, and water dependent and water oriented activities along all tidal waterways and their shores;
(1) If the Municipal Public Access Plan includes provision for monetary
compensation in lieu of onsite public access in accordance with (f) below, this portion of the plan shall specify the type of uses for which a monetary contribution shall be required, for example residential, commercial, industrial, and/or homeland security;

N.J.A.C. 7:7E-8.11(f) Municipal Public Access Fund
 A Municipal Public Access Plan may require a monetary contribution to be used to provide new or enhanced public access elsewhere in the municipality or outside the municipal boundaries along the same waterway as part of a joint project with a county or adjacent municipal governmental body in lieu of onsite public access. Municipalities that require a monetary contribution shall establish a dedicated Public Access Fund into which all funds collected shall be deposited. A Municipal Public Access Plan containing a monetary contribution requirement shall specify the circumstances in which such contribution will be required in accordance with (e)5iii(1) above.

  1. For projects other than linear projects, the amount of the contribution shall be based upon a determination of the costs that would be incurred if land was purchased for creating access and the access was provided in the form of a walkway, using the following formula:

    Total Contribution = TWC + LAC where:
    TWC = total walkway cost
    LAC = land acquisition cost

    1. The TWC is calculated by first adding the length of the perpendicular
      access, as measured in feet along the shorter property line, running from the non-waterward property boundary to waterward property boundary, to the length of the waterfront portion of the property as measured in feet. This total accessway length is multiplied by 10 feet, the minimum walkway width (subsection (x) below), to give the total square feet of walkway. The TWC is determined by multiplying the total square feet of walkway by $7.00 (approximate average cost per square foot for walkway construction).

    2. . The LAC is calculated by dividing the equalized assessed land value of the property by the total square footage of the property and multiplying the resulting value per square foot by the total square footage of the walkway utilized in calculating TWC in (f)1i above. “Equalized assessed landvalue” means the assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with N.J.S.A. 54:1-35 et seq.

    3. For example, the total contribution for a 10,000 square foot property with a perpendicular access length of 50 feet, a total length of the waterfront portion of the property of 100 feet and an equalized assessed land value of $300,000 would be calculated as follows:

      Total Walkway Cost:
      Length of perpendicular access 50 ft.
      Length of {access parallel to shore} waterfront portion of property + 100 ft.
      Total linear feet 150 ft.
      Minimum walkway width (feet) x 10 ft.
      Total square feet of walkway 1,500 sq. ft.
      Total walkway cost (1,500 sq. ft. x $7.00) $10,500
      Land Acquisition Cost
      Equalized assessed land value of property $300,000
      Lot size ÷ 10,000 sq. ft.
      Cost per sq. ft. $30.00/sq. ft.
      Land acquisition ($30.00/sq. ft. x 1,500 sq. ft. total walkway) $45,000
      Total Contribution = $10,500 + $45,000 = $55,500

  2. For linear projects, other than projects of the New Jersey Department of Transportation which shall provide public access in accordance with (o) below, the amount of contribution shall be based upon a determination of the costs that would be incurred if land was purchased for creating access and the access was provided in the form of a walkway, using the following formula:

    Total Contribution = TWC + LLAC where:
    TWC = total walkway cost
    LLAC = linear land acquisition cost

    1. The TWC is calculated by first adding the length of the perpendicular access, as measured in feet along the right-of-way from the first non-waterward public road to the waterward portion of the property as measured in feet or one-quarter mile, whichever is less, to the width of the right-of-way along the waterfront. This total access way length is multiplied by 10 feet, the minimum walkway width (subsection (w) below), to give the total square feet of walkway. The TWC is determined by multiplying the total square feet of walkway by $7.00 (approximate average cost per square foot for walkway construction).

    2. The LLAC is calculated by dividing the equalized assessed land value, as defined at (f)1ii above, of all waterfront lots located within one-half mile upstream and downstream from the right-of-way centerline at the location where the linear project crosses the water body by the total square footage of all waterfront lots located within one-half mile upstream and downstream from the right-of-way centerline at the location where the linear project crosses the water body and multiplying the resulting value by the total squarefootage of the walkway utilized in calculating TWC in (f)2i above.

Note:
Equalized assessed values for communities statewide are available on the State Department of Treasury’s website at: http://www.state.nj.us/treasury/taxation/lpt/lptvalue.shtml.

NJDCA Division of Local Government Services 

N.J.A.C. 40A:4-39 Anticipation of dedicated revenues.

  1. In the budget of any local unit, dedicated revenues anticipated during the fiscal year, …. and, subject to the prior written consent of the director, other items of like character when the revenue is not subject to reasonably accurate estimate in advance, may be included in said budget by annexing to said budget a statement in substantially the following form:
    "The dedicated revenues anticipated during the year ....... from ........ (here insert one or more of the sources above, as the case may be) are hereby anticipated as revenue and are hereby appropriated for the purposes to which said revenue is dedicated by statute or other legal requirement."

  2. Dedicated revenues included in accordance with this section shall be available for expenditure by the local unit as and when received in cash during the fiscal year.  The inclusion of such dedicated revenues shall be subject to the approval of the director, who may require such explanatory statements or data in connection therewith as the director deems advisable for the information and protection of the public.

    Amended 1987, c.98, s.1; 1995, c.173, s.7; 1995, c.271, s.2; 1996, c.73, s.16; 1996, c.113, s.11; 1999, c.292, s.1; 2009, c.11, s.2; 2009, c.233, s.4.

 

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