title
Resolution of the Mayor and Council of Princeton Supporting the Statehouse Commission Pre-Application to the New Jersey Department of Environmental Protection for the After the Fact Disposal / Diversion of a 3.044+/- Acre Portion of Princeton Community Park South (Block 6902, Lot 2 on the Princeton Tax Map)
end
body
WHEREAS, owns property known as Block 6902, Lot 2 on the official tax map of Princeton consisting of approximately 25 +/- acres, which comprises Princeton Community Park South (hereinafter “Community Park South”), which is “unfunded” but encumbered parkland, as a condition of Green Acres funding rules and regulations, with restrictions against disposal or diversion from recreation and conservation uses by the New Jersey Department of Environmental Protection; and
WHEREAS, Community Park South is adjacent to US Route 206 and Witherspoon Streets in Princeton; and
WHEREAS, it is necessary to remove Green Acres restrictions from two separate areas on a portion of Community Park South, totaling 3.044+/- acres, due to a past construction project involving the municipal complex and related improvements which took place in the 1990s; and
WHEREAS the removal of Green Acres restrictions from parkland requires the approval of the Commissioner of the Department of Environmental Protection and the State House Commission pursuant to N.J.A.C. 7: 36-26; and
WHEREAS, the Princeton wishes to apply for approval for the past diversion of a 3.044+/- acre portion of Community Park South - SHC #1114003 as a major disposal or diversion of parkland under N.J.A.C. 7:36-26; and
WHEREAS, as required by N.J.A.C. 7:36-26.8, Princeton held a scoping hearing on April 3, 2023 to solicit public comment on the proposed disposal/diversion of parkland from Community Park South; and
WHEREAS, the next step in the application process for approval of a major disposal or diversion of parkland is the filing of a pre-application under N.J.A.C. 7:36-26.9; and
WHEREAS, in accordance with N.J.A.C. 7:36-26.9(d)11, it is necessary for Princeton to submit as part of the pre-application a Resolution endorsing the application to divert or dispose of parkland;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of Princeton as follows:
1. Princeton endorses the filing of a pre-application for the diversion or disposal of a 3.044+/- acre portion of Community Park South, which includes a 2.608+/- acre area near Witherspoon Street (Area “A”), and a .4412+/- acre parking area adjacent to the existing recreational amenities near John Street (Area “B”) as shown on the map attached here to as Exhibit A ; and
2. Princeton hereby finds that the aforementioned diversion or disposal of Community Park South would meet the minimum substantive criteria at N.J.A.C. 7:36-26.1(d) because it would yield a significant public benefit by allowing a past inadvertent encroachment of portions of the current municipal building and parking areas on the park to remain. The improvements on proposed diverted Area “A” have been used by the public and municipal staff for the provision of essential governmental services since the 1990s and are physically connected to other portions of the municipal building complex which are not within the area designated for Community Park South, and would cause a severe economical and physical hardship if they were to be dismantled. The parking area on Diversion Area “A” also provides parking for the recreational facilities in Community Park South. Diversion Area “B” provides parking for the public using the recreational facilities at Community Park South, but has also long provided parking for the residences and small businesses in the adjacent neighborhood, which would otherwise be underserved because there is no available property to create additional parking. Retaining the proposed diversion/disposal areas for their current uses would provide a significant public benefit because it provides connected access among residential, recreational, and municipal uses, which is an objective of the State’s Development and Redevelopment Plan.
3. The governing body of Princeton acknowledges that in order to obtain approval for the diversion/disposal of the aforementioned acreage of Community Park South, all substantive and procedural requirements of N.J.A.C. 7:36-26 must be met, including compensation requirements at N.J.A.C. 7:36.10. To that end, Princeton has already acquired to parcels of Property totaling 35 +/- acres for open space and passive recreational purposes and will take further steps as determined to be necessary to meet compensation requirements.