SUBCHAPTER 12K ‑ PARKS AND RECREATION TRUST FUND

GRANTS FOR LOCAL GOVERNMENT

 

SECTION .0100 ‑ GENERAL PROVISIONS

 

15A NCAC 12K .0101       PURPOSE

The Parks and Recreation Trust Fund (PARTF), pursuant to

G.S. 113‑44.15(b)(2), is authorized to establish a matching grants

program for qualified local governmental units for local park and recreation

purposes.  Annually, 30 percent of funds from PARTF will be allocated to local

governmental units on a dollar‑for‑dollar basis.  Grants shall be

awarded by the Parks and Recreation Authority (Authority).  The purpose of this

Section is to set forth rules to govern the program.

 

History Note:        Filed as a Temporary Adoption Eff.

November 1, 1994, for a period of 180 days or until the permanent rule becomes

effective, whichever is sooner;

Authority G.S. 113‑44.15;

Eff. April 1, 1995;

Amended Eff. August 1, 1998.

15A NCAC 12K .0102       ELIGIBLE

APPLICANTS

All county governments and incorporated municipalities of

the State of North Carolina are eligible to submit applications. Public

authorities, as defined by G.S. 159-7, are eligible applicants if they are

authorized to acquire land or develop facilities for public recreation

purposes.

(1)           Eligible applicants may apply jointly for a

project.

(2)           School administrative units may submit a joint

application with an eligible applicant for funding of facilities.

 

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. August 1, 1998;

Temporary Amendment Eff. December 9, 2002;

Amended Eff. April 1, 2003.

 

15A NCAC 12K .0103       funding cycle

Annual funding schedule dates shall be the following:

(1)           An announcement letter describing the funding

schedule and how to apply shall be mailed to all eligible applicants by

September 30.  This information shall be made available to other interested

parties who contact the Department of Environment and Natural Resources

(Department) at: NC Division of Parks and Recreation, PO Box 27687, Raleigh,

North Carolina 27611-7687.

(2)           Local governments may request a maximum of five

hundred thousand dollars ($500,000) in PARTF assistance with each application.

(3)           Applications shall be received by the Department or

its designee by 5:00 p.m. on January 31.  If the deadline falls on a weekend or

holiday, applications are due by 5:00 p.m. on the following business day.

(4)           The Authority shall meet within 120 days of the

application deadline to select projects for funding.  The Authority shall meet

within 30 days after the end of the fiscal year to select projects for funding

using revenues credited to PARTF during the fourth quarter.

 

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. June 1, 2004; August 1, 1998.

 

15A NCAC 12K .0104       APPLICATION SCHEDULE

 

History Note:        Filed as a Temporary Adoption Eff.

November 1, 1994, for a period of 180 days or until the

permanent rule becomes effective, whichever is sooner;

Authority G.S. 113-44.15;

Eff. April 1, 1995;

Repealed Eff. August 1, 1998.

 

 

 

15A NCAC 12K .0105       EVALUATION OF APPLICATIONS

(a)  Each completed application shall be evaluated by the

Department or its designee on the information provided in the application and

in accordance with the PARTF criteria described in this Rule.

(b)  The Authority shall review the project evaluations and

other relevant data prepared by the applicant and by Department staff.  The

Authority shall approve projects for funding.

(c)  If applicable to the project, the general criteria in

Paragraph (d) of this Rule shall be addressed by the applicant.  The Department

or its designee shall review all applications for completeness.  Incomplete

applications shall be returned to the applicant.

(d)  The following general criteria shall be used to

evaluate projects.

(1)           New public recreation facilities provided

by the project;

(2)           The degree of local recreational planning

for the project and how the specific elements in the project conform to the

plan(s);

(3)           The acquisition or the conservation of

unique natural, cultural, recreational, or scenic resources;

(4)           The level of public involvement in

developing and supporting the project;

(5)           The applicant's commitment to operating and

maintaining the project; and

(6)           The suitability of the site for the

proposed project development. 

(e)  The Authority shall also consider the following factors

to evaluate projects: the geographic distribution of projects, the presence or

absence of other funding sources, the population of the applicant, the level of

compliance with prior grant agreements, the amount of funds available, and the

amount of funds requested.

 

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. June 1, 2006; August 1, 1998.

 

15A NCAC 12K .0106       GRANT AGREEMENT

(a)  Upon Authority approval, a written agreement shall be

executed between the grant recipient(s) and the Department.

(b)  The agreement shall define the Department's and grant

recipient's responsibilities and obligations, the project period, project scope

and the amount of grant assistance.

(c)  The approved application and support documentation

shall become a part of the grant agreement.

(d)  State Clearinghouse environmental review comments made

as a result of State Environmental Protection Act (SEPA) application review

requirements shall be addressed by the applicant prior to execution of the

project agreement. Projects judged to have a significant environmental impact

shall submit an environmental assessment as required by SEPA.

(e)  The grant agreement may be amended upon mutual consent

and approval by the Department and the grant recipient(s).  The grant

recipient(s) shall submit a written request to the Department.  The Department shall

approve the amendment if local circumstances justify the amendment request.

(f)  Projects may not begin until the Department and grant

recipient(s) sign the agreement unless a waiver has been requested by the

applicant in writing and approved by the Authority or its executive committee.

Waivers may be granted only for land acquisition projects requiring action

prior to the anticipated signing of the agreement.  A waiver shall be in effect

for 18 months from the date of approval.  A project receiving a waiver shall

not receive preferential treatment in funding decisions.

(g)  Following execution of the grant agreement, the

Department shall reimburse the grant recipient for expenditures related to the

project scope.  All reimbursements shall be approved by the Department and

shall total an amount that is less than or equal to the grant amount.  The

Department shall approve reimbursement requests for expenditures that are

related to the project scope and occur during the project period.  This

provision is effective after the 2002-03 grant cycle.

(h)  Complete accounting records including a certified

project data sheet and performance report verifying eligible costs shall be

submitted by the grant recipient(s) to the Department for approval prior to or

at the time of the close-out inspection.  The Department shall approve the

accounting when the records are consistent with the project agreement and

budget.

 

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. August 1, 1998;

Temporary Amendment Eff. April 4, 2000;

Amended Eff. June 1, 2006; April 1, 2003; April 1, 2001.

 

15A NCAC 12K .0107       MATCHING REQUIREMENTS

(a)  The applicant shall match PARTF funds on a

dollar-for-dollar basis.

(b)  The appraised value of land that will be donated to the

applicant may be used to match the PARTF grant.

(c)  The donor of the land must be an individual or private

organization.

(d)  If a landowner sells land to the applicant for less

than the appraised value, the amount of the donation is the difference between

the appraised value and the amount paid by the applicant.

(e)  The value of capital improvements that are located on

the donated land and will be used for public recreation may be included in the

value of the donation.

(f)  Land that is transferred to the applicant due to a

statute or rule is not considered a donation.

(g)  The applicant must receive a grant and sign the grant

agreement before taking title to donated land.

(h)  Rule .0106 of this Section, of the PARTF administrative

rules titled “Grant Agreement” also applies to donated land used as matching

funds.

 

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. August 1, 1998;

Temporary Amendment Eff December 9, 2002;

Amended Eff. April 1, 2003.

 

15A NCAC 12K .0108       ELIGIBLE PROJECTS AND COSTS

(a)  PARTF grants are awarded to grantees for projects that

are for the sole purpose of providing local park and recreation opportunities

to the public.  Grantees may receive funds for the following types of projects:



(1)           Acquisition.  Fee simple acquisition of

real property for future recreational development and to protect areas with

natural or scenic resources.

(A)          Grantees acquiring property for recreation

development have up to five years from when the Authority and the applicant

sign the grant agreement to begin developing recreation facilities.

(B)          Grantees acquiring property to protect areas with

natural or scenic resources must open these areas to the general public to the

extent that the resources will not be impaired.

(2)           Development.  Projects for the

construction, expansion, and renovation/repair of the following:

(A)          Primary facilities including outdoor and indoor

recreation facilities.  Examples include camping facilities, picnic facilities,

sports and playfields, trails, swimming facilities, boating/fishing facilities,

spectator facilities, and gymnasiums.

(B)          Support facilities and improvements such as roads,

parking areas, accessibility features, utilities, landscaping, and other

infrastructure projects, that would have little or no recreational value

without the primary recreation facilities.

(b)  Other criteria for determining eligible projects and

costs include:

(1)           Only development on or acquisition of a

single project site is eligible for PARTF assistance.

(2)           Utility lines developed with PARTF

assistance shall be placed underground.

(3)           The following costs are eligible within the

limits that are identified.

(A)          Land acquisition costs such as appraisals, surveys,

title work, and attorney fees. 

(B)          Construction costs such as site planning, design

drawings, construction drawings, preparing cost estimates, architectural and

engineering fees, permits, construction management, and project inspection.

(C)          The cost of preparing an application.

(D)          The costs in Parts (A) through (C) of this Subparagraph

shall not exceed 20 percent of the total cost of the project.  These costs may

be incurred within two years of the application deadline as well as during the

project period. 

(E)           A contingency may be included in the development

cost estimates, but shall not exceed five percent of total development costs.

(4)           PARTF-assisted facilities on school

property shall not be recreational facilities generally provided by the school

for the use of their students. 

 

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. June 1, 2006; April 1, 2003; August 1, 1998.

 

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.

 

15A NCAC 12K .0110       INSPECTIONS

(a)  The Department or its designee shall perform at least

one progress inspection and a close‑out inspection of the project site to

ensure compliance with the grant agreement and eligibility of the grantee(s)

for future program participation.

(b)  Grantees will be responsible for conducting periodic

inspections (at least one every five years) to ensure compliance with the grant

agreement and 15A NCAC 12K .0109 and submitting an inspection form with an

affidavit verifying its content to the PARTF program office.

(c)  The Department or its designee will conduct random

inspections to verify program compliance.

 

History Note:        Filed as a Temporary Adoption Eff.

November 1, 1994, for a period of 180 days or until the

permanent rule becomes effective, whichever is sooner;

Authority G.S. 113-44.15;

Eff. April 1, 1995;

Amended Eff. August 1, 1998.

 

 

 

15A NCAC 12K .0111       PROGRAM ACKNOWLEDGMENT

 

History Note:        Filed as a Temporary Adoption Eff.

November 1, 1994, for a period of 180 days or until the

permanent rule becomes effective, whichever is sooner;

Authority G.S. 113-44.15;

Eff. April 1, 1995;

Repealed Eff. August 1, 1998.