[HISTORY: Adopted by the Mayor and Council of the City of Hoboken 6-18-2008 by Ord. No. DR-363. Amendments noted where applicable.]
Editor's Note: Former Ch. 56A, Parks and Public Property, Department of, adopted 10-18-1989 by Ord. No. P-75, was repealed 11-22-1993 by Ord. No. R-20.
Article I Public Hearing and City Council Recommendation Required for Change in Purpose or Use
Parkland is defined to include all public parks, athletic fields, playgrounds, green areas, and outdoor areas within the City including City-owned vacant land and landscaping of City grounds as may be further defined, amended and supplemented under § 58-20 of the Code of the City of Hoboken.
Recreation area is defined as an athletic field. A field prepared for organized sports events such as baseball, football and soccer.
Any change in the recreation and conservation purpose or use of parkland, including, both initial development of lands for public outdoor recreation and changes made to existing parkland, must be recommended by a resolution of the City Council, in accordance with the procedures set forth in §§ 56A-3 and 56A-6.
The City Council, together with the Office of the Mayor, shall hold at least one public hearing on the proposed change in purpose or use at least 30 days prior to final approval by the City Council of the change. The public hearing shall be held on a weekday in the evening. The meeting shall be either videotaped or transcribed, and said videotape or transcript shall be made available to the public on the City's official website within five business days after said hearing, and maintained there until 10 business days after final approval by the City Council.
At least 30 days prior to the hearing, the City shall:
Publish a legal notice of the hearing in the Jersey Journal and an advertisement in the Hoboken Reporter;
Post notice of the hearing on its official website in the same manner as other public hearing notices are posted;
Post and maintain in a legible condition until the final recommendation by the City Council of the proposed change in purpose or use, a sign on the parkland that is the subject of the proposed change. Such sign shall advise the public of (i) the proposed change, (ii) the public hearing on the proposed change and (iii) the opportunity for public comment on the proposed change. Such sign shall be of sufficient size and visibility and contain sufficient detail as to inform the general public of the proposed change and the method by which the public may obtain information about such proposed change.
The notices and advertisement required under Subsection A above shall include the following information:
A general description of the proposed change of purpose or use;
The street address (if available), tax map block and lot and size of the land(s) for which the change in purpose or use is proposed; and
A statement inviting participation in the public hearing and notifying the public that, in the alternative, written comments on the proposed change may be submitted to the City. The statement shall provide an address for submittal of written comments.
For purposes of this article, a change in recreation and conservation purpose or use of parkland shall include:
The construction of new recreation and conservation facilities, such as athletic fields or playgrounds;
The removal of existing recreational and conservation facilities;
The replacement of natural grass with concrete, artificial turf or any other surface;
The addition of new landscaping or other obstacles that have a material deleterious effect on an existing use;
The imposition of restrictions, through regulation, ordinance or other legal mechanism, intended to prohibit an existing use;
The replacement of existing recreation and conservation facilities with facilities for another recreation and conservation purpose or use;
The addition of lighting of recreation area that may be inconveniencing or interfering with the quiet enjoyment of the immediate neighborhood;
For the purposes of this section, a change in recreation and conservation or use of parkland shall not include:
The renovation or repair of existing facilities or an existing use;
The construction of additional support structures, such as bleachers, concession stands, picnic shelters within the boundary of an existing developed recreation area, in order to enhance the existing purpose or use of that area;
Use of parkland for short-term events such as festivals, carnivals or parades.
Following public comment and hearings as stated above in § 56A-4, City Council's Park and Recreation Subcommittee (or such other committee established by City Council and designated to carry out such recommendations) will meet to discuss public comments and recommendations, also open to the public. Said recommendations will be presented at the new business portion of Council agenda at the next regularly scheduled meeting. Said recommendations will be presented as a resolution advising of same in accordance with § 56A-3 above.