reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 24 - SOLAR ENERGY GENERATION ON PRESERVED FARMS › Section 2:76-24.5 - Application for the construction, installation, operation, and maintenance of a solar energy facility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who owns a farm may apply for approval to construct, install, operate, and maintain a solar energy facility by submitting an application to the Committee. The application shall include the following information and documents:
1. A copy of the recorded deed showing the current owner of record of the restricted premises;
2. A site plan;
3. Digital photographs showing the proposed installation site taken from various angles and distances to show the installation site and immediate surroundings;
4. A proposed or fully executed purchase or lease agreement for the solar energy facilities, structures, and equipment that clearly identifies that the owner of the qualified farm owns or will own the facilities, structures, and equipment by the end of the term of a lease agreement and the end date for that agreement;
5. For solar energy facilities that will provide power, documentation from the electric distribution company that the solar energy facilities are designed in accordance with net metering requirements pursuant to N.J.A.C. 14:8-4; documentation showing that the solar energy facilities will provide power directly to the farm outside of a meter; or documentation from PJM Interconnection, LLC or the EDC showing that the solar energy facilities will provide power directly to the electric distribution system;
6. A copy of the farm's electric utility bills, and/or copies of other bills, receipts, or other documentation demonstrating the amount of electricity or fuel used to meet the farm's energy demand for the previous calendar year; and
7. If the farm is located in the Pinelands Area, evidence that written confirmation has been requested from the Pinelands Commission that the solar energy facilities comply with the standards of P.L. 1979, c. 111 and the comprehensive management plan for the Pinelands Area adopted pursuant to P.L. 1979, c. 111.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 24 - SOLAR ENERGY GENERATION ON PRESERVED FARMS › Section 2:76-24.7 - Committee review of an application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee shall determine whether an application is complete pursuant to 2:76-24.5.
1. Once the Committee determines an application is complete:
i. If the development easement is owned by a board or qualifying tax-exempt nonprofit organization, the Committee shall forward the application to the board or qualifying tax exempt nonprofit organization; or
ii. If the farm was preserved with any USDA-NRCS Farm and Ranch Land Protection Program funding, the Committee shall forward the application to the USDA-NRCS;
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 24 - SOLAR ENERGY GENERATION ON PRESERVED FARMS › Section 2:76-24.8 - Board or nonprofit review of an application

Current through Register Vol. 56, No. 14, July 15, 2024
The board or qualifying tax exempt nonprofit organization shall provide any comments on the application to the SADC within 30 days from the date of the Committee's notice.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 24 - SOLAR ENERGY GENERATION ON PRESERVED FARMS › Section 2:76-24.9 - Final Committee review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 90 days from determination of a complete application, the SADC shall approve, approve with conditions, or disapprove the application.
1. The Committee's decision shall consider the factors in 2:76-24.6 and any substantive, objective issues raised in comments by the board or nonprofit organization that otherwise have not been considered.
2. The Committee's approval or denial of an application is subject to the Governor's review period following submission of the Committee's meeting minutes.
3. For a farm in the Pinelands Area, receipt of written confirmation from the Pinelands Commission that the solar energy facilities comply with the standards of P.L. 1979, c. 111 and the comprehensive management plan for the Pinelands Area adopted pursuant to P.L. 1979, c. 111 shall be required.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 24 - SOLAR ENERGY GENERATION ON PRESERVED FARMS › Section 2:76-24.10 - Suspension or revocation of an approval

Current through Register Vol. 56, No. 14, July 15, 2024
The Committee may suspend or revoke an approval for solar energy facilities for a violation of 4:1C-32.4, this subchapter, or any term or condition of the approval.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 24 - SOLAR ENERGY GENERATION ON PRESERVED FARMS › Section 2:76-24.11 - Request for hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any farm owner who is aggrieved by an action of the Committee regarding an application or suspension or revocation of an approval may submit a written request to the Committee for a hearing.
1. A request for a hearing shall be sent to the Committee within 20 days of receipt of notice of the Committee's action.
2. Requests shall be sent to the Executive Director, State Agriculture Development Committee, New Jersey Department of Agriculture, P.O. Box 330, Trenton, New Jersey 08625-0330.
3. Farm owners shall be afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the Administrative Procedures Act, 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
4. The decision of the Committee shall be considered a final administrative agency decision, subject to the right of appeal to the Appellate Division of the Superior Court.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 27 - WINERY SPECIAL OCCASION EVENTS ON PRESERVED FARMLAND › Section 2:76-27.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter applies to all wineries on preserved farmland included in the pilot program established by N.J.S.A. 4:1C-32.7 et seq.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 27 - WINERY SPECIAL OCCASION EVENTS ON PRESERVED FARMLAND › Section 2:76-27.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to establish procedures for the registration, compliance, income certification, financial reporting, and auditing of wineries included in the pilot program pursuant to P.L. 2014, c. 16.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 27 - WINERY SPECIAL OCCASION EVENTS ON PRESERVED FARMLAND › Section 2:76-27.4 - Registration procedures for winery special occasion events

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any winery conducting special occasion events on the premises must annually complete and submit to the Committee and Board by March 31 of each calendar year, a registration form provided by the Committee that contains, at a minimum, the following information:
1. Name of winery;
2. Address of winery;
3. Tax block and lot of winery;
4. Municipality and county winery is located within;
5. Chief executive officer or principal officer of winery;
6. A general description of the winery, including years of operation, number of acres of grapes grown at the winery, and how wine is marketed for sale;
7. A property survey or site plan prepared by a New Jersey-licensed surveyor or engineer depicting the premises and the areas used for special occasion events; and
8. A listing of all special occasion events to be conducted on the premises for the current calendar year including event name, description, number of attendees, location on the premises, frequency, and dates.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 27 - WINERY SPECIAL OCCASION EVENTS ON PRESERVED FARMLAND › Section 2:76-27.5 - Certification of compliance procedures for winery special occasion events

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any winery conducting special occasion events on the premises must annually complete and submit to the Committee and Board by March 31 of each calendar year, a certification of compliance form provided by the Committee that contains answers in the affirmative or negative to each of the following questions:
1. Will the annual gross income generated by special occasion events for the calendar year account for less than 50 percent of the annual gross income of the winery?;
2. Will the special occasion events use the agricultural output of the winery to the maximum extent practicable, promote agricultural tourism and advance the agricultural or horticultural output of the winery?;
3. Does the winery request to conduct events other than on Friday, Saturday, Sunday, or Federal or State holidays?;
4. Will the special occasion events being proposed be conducted in one of the following:
(a) a temporary structure, such as an enclosed or open canopy or tent or other portable structure or facility, and any temporary structure would be put in place for only the minimum amount of time reasonably necessary to accommodate the special occasion event;
(b) an existing permanent agricultural building;
(c) a farm or open air pavilion; or
(d) another structure used in the normal course of winery operations and activities?;
5. Will the special occasion events being hosted comply with applicable municipal ordinances, resolutions, or regulations concerning litter, solid waste, and traffic and the protection of public health and safety?;
6. Will the winery operate in compliance with site plan review and any applicable development approvals, as may be required by the municipality?;
7. Will the special occasion event comply with noise standards set forth in the Noise Control Act, N.J.S.A. 13:1G-1 et. seq.?;
8. Will the special occasion event comply with any applicable municipal ordinance that restricts the performing or playing of music inside the winery's buildings and structures?;
9. Will the special occasion event end at a time compliant with any applicable curfew established by municipal ordinance?;
10. Will the special occasion event knowingly result in a significant and direct negative impact to any property adjacent to the winery?;
11. Will the winery enforce State and Federal requirements concerning the legal drinking age?;
12. Does the winery certify that it consents to an audit at its own expense to determine compliance with N.J.S.A. 4:1C-32.7 ?; and
13. Does the winery certify that it is potentially subject to civil penalties and suspension of operations if it conducts special occasion events on the premises in a manner inconsistent with N.J.S.A. 4:1C-32.7 ?.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 27 - WINERY SPECIAL OCCASION EVENTS ON PRESERVED FARMLAND › Section 2:76-27.6 - Certification of income procedures for winery special occasion events

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any winery conducting special occasion events on the premises must annually complete and submit to the Board, by March 31 of each calendar year, a certification of income form provided by the Committee that certifies the annual gross income from special occasion events accounted for less than 50 percent of the annual gross income of the winery for the prior calendar year. The Board shall forward the certification of income form to the Committee. The certification of income form shall include sales data provided by the winery to support its certification of compliance with this subchapter. The sales data will include, at a minimum, total winery sales by categories as listed below:
1. On-premises tasting room sales--wine only;
2. On-premises tasting room sales--non-wines, and by type;
3. Off-premises tasting--wine sales;
4. Off-premises non-wine sales;
5. Wine sales at special occasion events;
6. Non-wine sales at special occasion events;
7. Admission fees, rental fees, setup, breakdown, cleaning fees, catering fees, food sales, and all other revenue that is not directly a result of the sale of the agricultural output of the winery, but is received by the winery in conjunction with conducting special occasion events; and
8. Names and addresses of any controlled group of entities connected to the winery that are in any way involved in special occasion events and annual gross income associated with each entity.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 27 - WINERY SPECIAL OCCASION EVENTS ON PRESERVED FARMLAND › Section 2:76-27.7 - Financial reporting procedures for winery special occasion events

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon request by the Board or Committee, the winery will be required to provide additional documentation within 60 calendar days from the date of request, as may be necessary for the Board or Committee to verify compliance with N.J.S.A. 4:1C-32.7 et seq. The documentation shall be prepared consistent with the winery's accounting method as designated in the winery's Federal income tax return for the annual accounting period. The additional documentation provided must conform to the following procedures:
1. The winery will be required to submit accounting records and related documentation/schedules to allow the Committee to verify compliance with this section. These accounting records include the following:
i. All calendar year New Jersey Alcoholic Beverage Tax forms as filed (with supporting schedules), including, but not limited to, Winery Manufacturer's Tax Sales Report (Form R-1-W) and Inventory Control of Wineries (Form R-41);
ii. All calendar year New Jersey Sales and Use Tax forms as filed;
iii. Detailed schedules of annual gross income and annual gross income from special occasion events from the following:
(1) On-premises tasting room sales--wine only;
(2) On-premises tasting room sales--non-wines, and by type;
(3) Off-premises tasting--wine sales;
(4) Off-premises non-wine sales;
(5) Wine sales at special occasion events;
(6) Non-wine sales at special occasion events; and/or
(7) Admission fees, rental fees, setup, breakdown, cleaning fees, catering fees, food sales, and all other revenue that is not directly a result of the sale of the agricultural output of the winery, but is generated by the winery in conjunction with conducting special occasion events.
iv. Names and addresses of any controlled group of entities connected to the winery that are involved in special occasion events, and annual gross income associated with each entity.
v. Winery accounting records for the annual accounting period to support wine/non-wine sales including:
(1) Internal point-of-sale (POS) sales reports;
(2) Accounting books and records (that is, QuickBooks, Excel, or similar accounting software).
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 27 - WINERY SPECIAL OCCASION EVENTS ON PRESERVED FARMLAND › Section 2:76-27.8 - Financial audit procedures for winery special occasion events

Current through Register Vol. 56, No. 14, July 15, 2024
Where the additional documentation requested in N.J.A.C. 2:76-27.7 does not verify compliance with the provisions of N.J.S.A. 4:1C-32.7 et seq., a comprehensive compliance audit of the winery's financial statements, accounting records, and Federal income tax returns may be required. The audit will be conducted by an independent certified public accountant approved by the Board or Committee, with the cost thereof being paid by the winery. An owner or operator of the winery shall not be subject to an audit authorized pursuant to this section more than once per calendar year without good cause demonstrated by the Board or the Committee. Copies of the audit shall be submitted to the Board and shared with the Committee if an audit is determined necessary by the Board or submitted to the Committee and shared with the Board if an audit is determined necessary by the Committee.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 27 - WINERY SPECIAL OCCASION EVENTS ON PRESERVED FARMLAND › Section 2:76-27.9 - Confidentiality of financial information

Current through Register Vol. 56, No. 14, July 15, 2024
Financial information provided by wineries in compliance with this subchapter shall be considered proprietary and, as such, not subject to disclosure under the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., except if such disclosure is otherwise required pursuant to law.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 27 - WINERY SPECIAL OCCASION EVENTS ON PRESERVED FARMLAND › Section 2:76-27.10 - Violations and penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner or operator of the winery who violates N.J.S.A. 4:1C-32.7 et seq., or these regulations shall be liable to a civil penalty of up to $ 1,000 for the first offense, up to $ 2,000 for the second offense, or up to $ 3,000 for a subsequent offense, to be collected in a civil action commenced by the Committee.
(b) In addition to the penalties established pursuant to (a) above:
1. For a second offense, the Committee shall, after a hearing, suspend the owner or operator of the winery from conducting special occasion events for a period of up to six months;
2. For a third offense, the Committee shall, after a hearing, suspend the owner or operator of a winery from conducting special occasion events for a period of at least six months, but not more than one year; and
3. For a fourth or subsequent offense, the Committee shall, after a hearing, suspend the owner or operator of the winery from conducting special occasion events for a period of at least one year, but not more than two years.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 1 - GENERAL PROVISIONS › Section 2:77-1.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
Unless otherwise provided by rule or statute, this chapter shall constitute the rules of the Board of Directors of the State Transfer of Development Rights Bank governing the procedures and standards for carrying out the duties and responsibilities of the Board pursuant to the Burlington County Transfer of Development Rights Demonstration Act, 40:55D-113 et seq., the State Transfer of Development Rights Bank Act, 4:1C-49 et seq., and the State Transfer of Development Rights Act, 40:55D-137 et seq.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 1 - GENERAL PROVISIONS › Section 2:77-1.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to:
1. Facilitate the effective operation of the Board, and its participation in the acquisition and transfer of development potential;
2. Establish a registry of development potential credits and transfers, and procedures for its operation;
3. Establish standards and procedures for the Board's purchase of development potential;
4. Establish standards and procedures for the Board's approval of loan guarantees secured with development potential as collateral;
5. Establish standards and procedures by which the Board can convey development potential; and
6. Establish standards and procedures for the application, approval and issuance of planning assistance grants to a municipality by the Board.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 1 - GENERAL PROVISIONS › Section 2:77-1.3 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The rules contained in this chapter shall apply to all sales, transfers, conveyances, encumbrances, and redemptions of development potential credits, any loan guarantees provided by the Board, which are secured with development potential as collateral, and the issuance of planning assistance grants, as authorized under 40:55D-113 et seq., 4:1C-49 et seq., and 40:55D-137 et seq.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 1 - GENERAL PROVISIONS › Section 2:77-1.5 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
In any section, part, phrase, or provision of this chapter or the application thereof to any person be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the section, part, phrase, provision, or application directly involved in the controversy in which such judgment shall have been rendered and it shall not affect or impair the validity of the remainder of this chapter or the application thereof to other persons.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 2 - INTERPRETATIONS AND DEFINITIONS › Section 2:77-2.1 - Word usage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the interpretation of this chapter, the provisions of this section shall be observed and applied, except when the context clearly requires otherwise:
1. Words used or defined in one tense or form shall include other tenses and derivative forms.
2. Words in the singular shall include plural and words in the plural shall include the singular.
3. The word "shall" indicates mandatory.
4. The word "may" indicates permissive.
5. In case of any difference of meaning or implication between the text of this chapter and any caption, the text shall control.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 2 - INTERPRETATIONS AND DEFINITIONS › Section 2:77-2.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
"Act" means the State Transfer of Development Rights Bank Act, P.L. 1993, c. 339, 4:1C-49 et seq.
"Application" as relates to the purchase of development potential, the securing of a loan using development potential as collateral, or the provision of a planning incentive grant means a standard form adopted by the State Transfer of Development Rights Bank.
"Approved appraiser" means an independent State-certified, general real estate appraiser approved by the Board and re-approved by the Board annually.
"Board" means the Board of Directors of the State Transfer of Development Rights Bank established pursuant to P.L. 1993, c. 339, 4:1C-49 et seq.
"Committee" means the State Agriculture Development Committee established pursuant to 4:1C-4.
"Credit" or "TDR credit" is a measured amount of development potential that allows one or more units of development.
"Development potential" means the maximum number of dwelling units or square feet of nonresidential floor area that may be constructed on a specified lot or in a specified zone under the master plan and land use regulations in effect on the date of the adoption of the development transfer ordinance, and in accordance with recognized environmental constraints.
"Development transfer" means the conveyance of development potential, or the permission for development, from one or more lots to one or more other lots by deed, easement, or other means as authorized by ordinance adopted pursuant to 40:55D-113 et seq. or 40:55D-137 et seq.
"Instrument" means the easement, credit, or other deed restriction used to record a development transfer.
"Municipal or county development transfer bank" means a development transfer bank established pursuant to 40:55D-113 et seq. or 40:55D-158.
"Ordinance" means development transfer ordinance adopted by a municipality pursuant to 40:55D-113 et seq. or 40:55D-137 et seq. that allows for the transfer of development within its jurisdiction.
" 'Receiving area' or 'receiving zone' " means an area or areas designated in a master plan and zoning ordinance, adopted pursuant to 40:55D-1 et seq., within which development may be increased, and which is otherwise consistent with the provisions of 40:55D-118 or 40:55D-145.
" 'Sending area' or 'sending zone' " means an area or areas designated in a master plan and zoning ordinance, adopted pursuant to 40:55D-1 et seq., within which development may be restricted and which is otherwise consistent with the provisions of 40:55D-118 or 40:55D-144.
"State Transfer of Development Rights Bank" or "State TDR Bank" means the bank established pursuant to the State Transfer of Development Rights Bank Act, P.L. 1993, c. 339, 4:1C-49 et seq.
"TDR" means transfer of development rights.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 3 - STANDARDS FOR BOARD'S PURCHASE OF DEVELOPMENT POTENTIAL, ISSUANCE OF MATCHING FUNDS FOR PURCHASE OF DEVELOPMENT POTENTIAL, AND GUARANTEE OF LOANS › Section 2:77-3.1 - Board's review of ordinance and determination of viability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to purchasing development potential, providing matching funds for the purchase of development potential, or guaranteeing loans in a municipality that has adopted a development transfer ordinance, the Board shall determine whether the ordinance is viable.
(b) To be deemed a viable development transfer ordinance pursuant to this subchapter, the Board must find that:
1. The municipality has complied with 40:55D-113 et seq. or 40:55D-137 et seq. and any rules promulgated thereunder. Compliance shall be determined upon a showing that the municipality has:
i. Received approvals from the State Planning Commission required by N.J.S.A. 40:55D-137 et seq. and any rules promulgated thereunder, if applicable;
ii. Received certification by the Pinelands Commission pursuant to 40:55D-120 or 40:55D-142, if applicable;
iii. Received recommendation of adoption of ordinance by the respective county planning board pursuant to 40:55D-121 or 40:55D-149 or approval of Office of Planning Advocacy pursuant to 40:55D-121 or 40:55D-150 through 152 and provided a statement as to whether such approval has been appealed; and
iv. Submitted information to the respective county agriculture development board pursuant to 40:55D-120 or 40:55D-149;
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 3 - STANDARDS FOR BOARD'S PURCHASE OF DEVELOPMENT POTENTIAL, ISSUANCE OF MATCHING FUNDS FOR PURCHASE OF DEVELOPMENT POTENTIAL, AND GUARANTEE OF LOANS › Section 2:77-3.2 - Procedure for Board's review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A municipality that adopts a development transfer ordinance shall provide the following information to the Board:
1. A copy of the adopted ordinance;
2. A copy of the report and plans required pursuant to 40:55D-117 or a copy of the current municipal Master Plan; including the TDR and utility service elements required pursuant to 40:55D-140 and 40:55D-28;
3. A map depicting sending and receiving areas affected by the ordinance;
4. A summary identifying the following for sending and receiving areas:
i. The block and lot numbers of each parcel in both areas;
ii. The acreage of each parcel in both areas;
iii. The amount of credits assigned to each parcel in both areas;
iv. The amount of buildings, if any, on each parcel in both areas; and
v. The zoning of each parcel in both areas;
5. A sample of the instrument to be recorded on land enrolled in the TDR program;
6. A real estate market analysis prepared pursuant to 40:55D-140 and any rules promulgated thereunder, if applicable;
7. A capital improvement program prepared pursuant to 40:55D-140 and 40:55D-29 and any rules promulgated thereunder or an infrastructure plan prepared pursuant to 40:55D-117 and any rules promulgated thereunder; and
8. Documentation showing compliance with 2:77-3.1(b)1.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 3 - STANDARDS FOR BOARD'S PURCHASE OF DEVELOPMENT POTENTIAL, ISSUANCE OF MATCHING FUNDS FOR PURCHASE OF DEVELOPMENT POTENTIAL, AND GUARANTEE OF LOANS › Section 2:77-3.3 - Notification to municipality

Current through Register Vol. 56, No. 14, July 15, 2024
If the Board finds that the ordinance is viable, it shall inform the municipality that development potential within its jurisdiction may be eligible to be transferred to the Board. If the Board finds that the ordinance is not viable, it shall inform the municipality of the deficiencies, which must be corrected before the Board shall accept applications for the purchase of development potential, and issuance of loan guarantees.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 4 - REGISTRY OF DEVELOPMENT POTENTIAL CREDITS › Section 2:77-4.1 - Registry

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall establish and maintain a registry of development potential credits containing the following:
1. The issuance of development potential credits;
2. The sale, transfer, conveyance, or encumbrance of development credits;
3. The use of development potential credits as security on loans and other obligations;
4. The redemption and retirement of development potential credits;
5. The name and address of every person to whom and from whom development potential is sold or otherwise conveyed, the date of the conveyance, and the consideration, if any, received therefore;
6. The name and address of any person who has utilized development potential, the location of the land to which and from which the development potential was transferred, and the date this transfer was made; and
7. An annual enumeration of the total number of development transfers, listing the municipality or municipalities involved in the transfer and the instrument of transfer.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 4 - REGISTRY OF DEVELOPMENT POTENTIAL CREDITS › Section 2:77-4.2 - Availability of registry and annual report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall make available:
1. In the form of an annual report, the information included in the registry to the county and each municipality that has adopted a development transfer ordinance; and
2. Upon request, pertinent information to any other person.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 5 - PURCHASE OF DEVELOPMENT POTENTIAL › Section 2:77-5.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The Board may purchase development potential from the owner of record of the property from which the development potential is to be transferred or from any person, or entity, public or private, holding the interest in the development potential that is subject to development transfer.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 5 - PURCHASE OF DEVELOPMENT POTENTIAL › Section 2:77-5.2 - Application process for the Board's purchase of development potential

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person or entity holding the interest in development potential that is subject to development transfer in a municipality that has adopted a development transfer ordinance that has been deemed viable by the Board pursuant to N.J.A.C. 2:77-3, may apply to sell the development potential to the Board.
(b) The person or entity holding the interest in development potential shall complete an application and submit it to the Board.
(c) At a minimum, the following information shall be included in the application:
1. The applicant's name and mailing address;
2. The name of the person(s) who own(s) the development potential, if different from the applicant and a signed consent to the filing of the application;
3. The county, municipality, block, and lot of the property from which the development potential was transferred;
4. A certification from the municipality that the property is located in the municipality's adopted sending areas, specifying the number of development potential credits allocated to the property as identified in the municipality's adopted ordinance;
5. The number of development potential credits to be sold and the municipality's assigned serial numbers for the credits;
6. A copy of the recorded instrument of transfer;
7. A copy of the title search provided to the municipality at the time the property was encumbered by the instrument of transfer;
8. If available, a copy of the survey plat and legal metes and bounds description of the property encumbered by the instrument of transfer;
9. An offer price for the sale of the development potential; and
10. A determination if any municipal and/or county funds will be provided.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 5 - PURCHASE OF DEVELOPMENT POTENTIAL › Section 2:77-5.3 - Standards governing the Board's decision to purchase

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall determine whether to authorize the purchase of all or a portion of the development potential proposed for sale in accordance with the following criteria:
1. The municipal ordinance is deemed to be viable pursuant to N.J.A.C. 2:77-3;
2. If a municipality has acquired development potential, verification that the instrument of transfer was valid and enforceable as evidenced in the title search conducted on the property;
3. The degree to which municipal and county funding will be provided;
4. Consideration of the offer price and the availability of adequate funding for the purchase; and
5. Whether the expenditure of funds substantially impairs the private sale, exchange, or other method of conveyance of the development potential.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 5 - PURCHASE OF DEVELOPMENT POTENTIAL › Section 2:77-5.4 - Notification to applicant

Current through Register Vol. 56, No. 14, July 15, 2024
Upon the Board's decision to purchase or not purchase the development potential, the Board shall notify the applicant, in writing, setting forth the basis of its decision.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 5 - PURCHASE OF DEVELOPMENT POTENTIAL › Section 2:77-5.5 - Valuation of development potential

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may determine the fair market value of the development potential by either appraisal, municipal averaging based upon appraisal data, or by a formula supported by appraisal data.
(b) In the event that the Board determines to establish the fair market value of the development potential by appraisal, it shall select two independent professional appraisers from the list of appraisers adopted by the State Agriculture Development Committee pursuant to 2:76-6.7.
1. The appraisers shall utilize the standards as described in N.J.A.C. 2:77-8 for completing their appraisals.
2. Upon completion of the appraisals, the appraisers shall forward a copy of the appraisal report, in digital format, to the Board.
3. The Board shall appoint a review appraiser to evaluate the two appraisals and establish a recommended fair market value of the development potential of the property.
i. The review appraisal shall be done in accordance with the Appraisal Handbook Standards contained at N.J.A.C. 2:77-8.
4. The Board shall have final authority for certifying the fair market value of the development potential.
5. The Board's certified fair market value of the development potential shall not be greater than the highest independent appraised value of the development potential.
6. The Board may find an appraisal invalid if it does not comply with the Appraisal Handbook Standards at N.J.A.C. 2:77-8.
i. If an appraisal is found to be invalid, the Board shall reject the application for which the appraisal was conducted.
ii. If the appraisals are found to be valid, the Board shall certify the fair market value of the development potential.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 5 - PURCHASE OF DEVELOPMENT POTENTIAL › Section 2:77-5.6 - Final Board action

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon certification of the fair market value of the development potential, the Board shall either:
1. Approve the purchase of the development potential at a maximum purchase price; or
2. Disapprove the application and state the reasons for the denial.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 5 - PURCHASE OF DEVELOPMENT POTENTIAL › Section 2:77-5.7 - Board's financial participation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may purchase development potential utilizing 100 percent Board funds, or the Board may provide matching funds for the purchase of 80 percent of the value of development potential from the owner of record of the property from which the development potential has been transferred.
1. In the case of providing matching funds for the purchase of 80 percent of the value of development potential, the remaining 20 percent of that value is contributed by the affected municipality or county, or both, after public notice thereof in the New Jersey Register and in one newspaper of general circulation in the area affected by the purchase.
2. The remaining 20 percent of the value of the development potential to be contributed by the affected municipality or county, or both, to match funds provided by the Board, may be obtained by purchase from, or donation by, the owner of record of the property from which the development potential is transferred or from any person, or entity, public or private, holding the interest in development potential that is subject to development transfer.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 5 - PURCHASE OF DEVELOPMENT POTENTIAL › Section 2:77-5.8 - Owner decision

Current through Register Vol. 56, No. 14, July 15, 2024
Within 30 days of the Board's offer to purchase the development potential, the owner of the development potential shall accept or reject the offer in writing. Any offer not accepted within that time shall be deemed rejected.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 5 - PURCHASE OF DEVELOPMENT POTENTIAL › Section 2:77-5.9 - Terms, contingencies and conditions of purchase

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the owner's acceptance of an offer, the Board shall complete any and all administrative procedures necessary to consummate the purchase of development potential including, but not limited to, the following:
1. Authorization of an insured title search and a survey to be conducted on lands from which the Board determines to purchase development potential; and
2. Execution of an instrument of transfer that shall be recorded with the deed of the land in the same manner as a deed, and which shall comply with the requirements set forth in 2:77-3.1(b)2.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 7 - PLANNING ASSISTANCE GRANTS › Section 2:77-7.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board may provide planning assistance grants to municipalities for up to 50 percent of the cost of preparing, for development potential transfer purposes, a utility service plan element or a development transfer plan element of a master plan pursuant to 40:55D-28, a real estate market analysis required pursuant to 40:55D-148, and a capital improvement program pursuant to 40:55D-29 and incurred by a municipality, or $ 40,000, whichever is less.
(b) The Board may provide municipalities establishing development transfer programs pursuant to 40:55D-113 et seq. with planning assistance grants for up to 50 percent of the cost of preparing, for development potential transfer purposes, the report and plans required under 40:55D-117 and incurred by a municipality, or $ 40,000, whichever is less.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 7 - PLANNING ASSISTANCE GRANTS › Section 2:77-7.2 - Allowable costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A municipality may use the following for its share of the matching costs associated with the activities set forth in 2:77-7.1:
1. Its own funds;
2. In-kind services;
3. Grants from other sources; and
4. Funding from municipal development transfer banks.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 7 - PLANNING ASSISTANCE GRANTS › Section 2:77-7.3 - Eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order for a municipality to be eligible to apply for a planning assistance grant, it shall meet the following requirements:
1. A municipality shall adopt a Master Plan pursuant to 40:55D-28 and update it according to recommendations from the periodic reexamination report pursuant to 40:55D-89;
2. The Master Plan shall include the plan element appropriately corresponding to the type of Transfer of Development Rights (TDR) program being proposed:
i. Historic Preservation Plan pursuant to N.J.S.A. 40:55D-28b(10);
ii. Farmland Preservation Plan pursuant to N.J.S.A. 40:55D-28b(13) and 2:76-17A.4;
iii. Natural Resource Inventory and Conservation Plan pursuant to N.J.S.A. 40:55D-28b(8);
iv. Recreation Plan pursuant to N.J.S.A. 40:55D-28b(7); or
v. Other plan element as appropriate;
3. If a municipality does not have a plan element described in (a)2 above in place at time of application, it shall provide documentation that funding is available for this purpose.
i. The element shall be completed, consistent with the TDR concept plan required in 2:77-7.4(a)8, within one year of entering into a grant agreement with the Board.
ii. No grant money shall be disbursed until the municipality has adopted the plan element described in (a)2 above;
4. The municipal governing body shall adopt a resolution supporting the pursuit of a TDR program and authorizing submission of a planning assistance grant application to the Board and execution of a project agreement if the grant is awarded;
5. If the TDR plan involves agricultural land, the municipality shall notify the county agriculture development board of the county in which the municipality is located, in writing, that it is pursuing a TDR program, prior to receipt of the first planning assistance grant installment payment; and
6. The municipality shall notify in writing the county planning board of the county in which the municipality is located that it is pursuing a TDR program, prior to receipt of the first planning assistance grant installment payment.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 7 - PLANNING ASSISTANCE GRANTS › Section 2:77-7.4 - Application requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A municipality applying to the Board for a planning assistance grant shall submit an application, in digital format, containing all of the following:
1. Documentation showing that the municipality has satisfied the requirements set forth in 2:77-7.3;
2. Any comments received by the municipality regarding its application for a planning assistance grant as a result of the notification letters required in N.J.A.C. 2:77-7.3;
3. A scope of work including:
i. A description of the work products under (a)3i(1) through (4) below that the grant will be used for or the report and plans required under 40:55D-117:
(1) A utility service plan element;
(2) A development transfer plan element of a master plan;
(3) A real estate market analysis; and
(4) A capital improvement program;
ii. The timeframes and target completion dates for completing the work products described in (a)3i above; and
iii. A summary of work already completed toward the creation of a TDR ordinance that will be required for its initial petition for master plan endorsement or for an amendment to a previously approved petition for master plan endorsement by the State Planning Commission pursuant to 52:18A-196 et seq., if applicable;
4. An estimate of the costs of preparing the work products set forth in (a)3 above;
5. A staffing plan indicating what staff resources and/or consultants are to be used in completing the work products funded by the grant;
6. A description of local commitment to preservation and planning;
7. A funding plan for the potential purchase of development rights, if applicable;
8. A TDR concept plan that describes the proposed sending and receiving zones, areas surrounding said zones, including descriptive maps; and
9. A statement explaining whether the municipal master plan is consistent with the State Development and Redevelopment Plan adopted pursuant to 52:18A-196 et seq.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 7 - PLANNING ASSISTANCE GRANTS › Section 2:77-7.5 - Criteria for evaluating planning assistance grant applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall evaluate the applications based on the following criteria:
1. TDR Concept Plan criterion (weight 50):
i. The sending zone shall be evaluated based on the following (25 points):
(1) Quality of resource to be preserved;
(2) Degree to which transfer of development rights program will achieve preservation of resource to be protected; and
(3) Suitability of planning area designation; and
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 7 - PLANNING ASSISTANCE GRANTS › Section 2:77-7.6 - Approval or denial of application and grant agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of an application containing all the information required pursuant to 2:77-7.3 and 7.4, the Board shall approve or deny the application based on the requirements set forth in 2:77-7.3 and upon a ranking determined pursuant to 2:77-7.5 if there is insufficient funding for all applications.
(b) The Board shall notify the municipality in writing of the decision to approve or deny the application, and in the case of an approval, shall notify the municipality of the amount of the funding award.
(c) After the notification of the funding award under (b) above, the Board shall send the municipality a grant agreement to be approved and executed by the municipal governing body. The grant agreement shall contain at a minimum:
1. The responsibilities of the parties named in the agreement;
2. The awarded grant amount;
3. A schedule of grant disbursement;
4. Accounting and recordkeeping requirements; and
5. The status of the adoption of the plan element described in 2:77-7.3(a)2.