reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 3 - CREATION OF FARMLAND PRESERVATION PROGRAMS › Section 2:76-3.9 - Renewal, termination, reformation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The farmland preservation program shall remain in effect for a minimum of eight years from the effective date of the creation of a farmland preservation program.
(b) The board shall conduct a review of the practicability and feasibility to continue the program within one year of the effective date of termination. At least 60 days prior to the expiration of the program, the board shall, by certified mail, notify all parties which have entered into the agreement to contact the board in writing, within 30 days of receipt of the notice if they want to continue the program for another eight years or to terminate the program at the end of the initial eight year period.
1. In the event the landowner(s) intends to continue the farmland preservation program for another eight years, the landowner(s) shall confirm the following:
i. That the record owner(s) of the premises as identified in the agreement has not changed since the creation of the initial farmland preservation program; and
ii. That the legal metes and bounds description of the boundaries of the premises has not changed since the creation of the initial farmland preservation program.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 3 - CREATION OF FARMLAND PRESERVATION PROGRAMS › Section 2:76-3.10 - Inclusion of additional lands

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any landowner not included in the farmland preservation program, as initially created, may within two years following the creation date, request inclusion, and upon review by the board and a finding that this inclusion is warranted, become part of the farmland preservation program provided that the landowner enters into an agreement pursuant to provisions of 2:76-3.5 for the remaining duration of the farmland preservation program.
(b) Any landowner not included in the farmland preservation program may request inclusion at any time during the review conducted pursuant to 2:76-3.9(b). The inclusion shall be approved provided the board finds this inclusion would promote agriculture production.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 3 - CREATION OF FARMLAND PRESERVATION PROGRAMS › Section 2:76-3.11 - Withdrawal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Under provisions of 4:1C-30, withdrawal of land from a farmland preservation program prior to its termination date may occur in the case of death or incapacitating illness of the owner or other serious hardship or bankruptcy, following a public hearing conducted pursuant to the "Open Public Meetings Act", 10:4-6 et seq., and approved by the board.
(b) The board shall document this approval by resolution and shall file a copy with the following:
1. Soil conservation district;
2. County clerk;
3. Municipal tax assessor;
4. Landowner;
5. Committee;
6. County planning board;
7. County governing body;
8. Municipal governing body;
9. Municipal planning board.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 3 - CREATION OF FARMLAND PRESERVATION PROGRAMS › Section 2:76-3.13 - Compliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All farmland preservation programs shall comply with the provisions of the Agricultural Retention and Development Act, 4:1C-11 et seq., P.L. 1983, C.32, and the provisions of this subchapter.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 4 - CREATION OF MUNICIPALLY APPROVED FARMLAND PRESERVATION PROGRAMS › Section 2:76-4.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter provides for any eligible landowner to voluntarily petition a county agriculture development board or a subregional agricultural retention board for the creation of a municipally approved farmland preservation program. These rules supplement 4:1C-11 et seq., P.L. 1983, C.32 and shall not be construed to be a conclusive set of regulations involving all aspects of the municipally approved farmland preservation program. 4:1C-11 et seq., P.L. 1983, C.32 shall be referenced for clarification of provisions not contained in the rules.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 4 - CREATION OF MUNICIPALLY APPROVED FARMLAND PRESERVATION PROGRAMS › Section 2:76-4.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
As used in this subchapter, the following words and terms shall have the following meanings:
"Agreement" means a legally binding written document between the landowner(s), the board, and the municipal governing body, which must be signed by all parties and certified by the State Agriculture Development Committee to signify approval of a petition for creating a municipally approved program.
"Agricultural Development Area", hereinafter referred to as ADA, means an area identified by a board pursuant to the provisions of 4:1C-18 and certified by the State Agriculture Development Committee.
"Board" means a county agriculture development board established pursuant to 4:1C-14 or a subregional agricultural retention board established pursuant to 4:1C-17.
"Committee" means the State Agriculture Development Committee established pursuant to 4:1C-4.
"Governing body" means, in the case of a county, the board of chosen freeholders, and in the case of a municipality, the commission, council, board or body, by whatever name it may be known, having charge of the finances of the municipality.
"Municipally approved farmland preservation program", hereinafter referred to as municipally approved program, means any voluntary program, the duration of which is at least eight years, authorized by law enacted subsequent to the effective date of the "Farmland Preservation Bond Act of 1981," P.L. 1981, C.276, which has as its principal purpose the long term preservation of significant masses of reasonably contiguous agricultural land within agricultural development areas adopted pursuant to 4:1C-11 et seq., P.L. 1983, C.32 and the maintenance and support of increased agricultural production as the first priority use of that land. Any municipally approved program shall be established pursuant to 4:1C-21.
"Petition" means a formal written document adopted by the board, which an eligible landowner must submit to the board when applying for inclusion in a municipally approved program.
"Premises" means the property under easement which is defined by the legal metes and bounds description contained in the Agreement.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 4 - CREATION OF MUNICIPALLY APPROVED FARMLAND PRESERVATION PROGRAMS › Section 2:76-4.3 - Petition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) One or more owners of land may voluntarily enter into a municipally approved preservation program provided the following statutory criteria are satisfied:
1. The land must qualify for farmland assessment in accordance with the Farmland Assessment Act of 1964, 54:4-23.1 et seq.;
2. Is located within an ADA;
3. Eligibility criteria established by the board; and
4. Eligibility criteria established by the Committee.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 4 - CREATION OF MUNICIPALLY APPROVED FARMLAND PRESERVATION PROGRAMS › Section 2:76-4.4 - Board review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a petition and required documents the board shall conduct a review to assure compliance with the provisions contained in 2:76-4.3.
(b) The board shall conduct an owner of last record search on all lands that have complied with the provisions of N.J.A.C. 2:76-4.3, to verify that the landowner is the true owner of record.
(c) If all criteria have been satisfied, the board shall immediately forward a copy of the petition to the following:
1. County planning board;
2. Governing body of any municipality wherein the proposed municipally approved program is located;
3. Planning board of each affected municipality.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 4 - CREATION OF MUNICIPALLY APPROVED FARMLAND PRESERVATION PROGRAMS › Section 2:76-4.5 - Agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Approval of a petition by the municipal governing body and the board and creation of a municipally approved program shall be signified by an agreement between the board, municipal governing body and the landowner to retain the land in agricultural production for a minimum period of eight years.
(b) The agreement shall constitute a restrictive covenant and shall be filed in accordance with 2:76-4.8.
(c) Deed restrictions established by the Committee shall be placed on all lands that are to be included in the municipally approved program. These restrictions shall remain in effect for the length of the agreement unless the land is withdrawn from the program in compliance with provisions contained in 4:1C-30 and 2:76-4.1 0. Any landowner intending to subdivide the subject lands shall advise the board prior to initiating such action (see 2:76-4.1 1).
(d) Subject to Committee approval, the board may establish more stringent deed restrictions for the purpose of recognizing local conditions.
(e) Eligibility of benefits follows:
1. The land or owner(s) of the land in a municipally approved program are eligible for the following:
i. Benefits contained in 4:1C-11 et seq., P.L. 1983, c.32;
ii. Additional benefits as determined by the board in accordance with the provisions of 4:1C-11 et seq., P.L. 1983, c.32;
iii. Additional benefits as may be made available from time to time through amendments to 4:1C-11 et seq., P.L. 1983, c.32 and all other pertinent State, county and municipal laws, rules or policies.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 4 - CREATION OF MUNICIPALLY APPROVED FARMLAND PRESERVATION PROGRAMS › Section 2:76-4.6 - Certification request

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The board shall submit the following to the Committee:
1. A copy of the approved petition;
2. A copy of the municipal ordinance approving the municipally approved program;
3. A copy of the county resolution or ordinance of adoption;
4. A copy of the tax map and any other documents designated by the board for identifying the boundaries of the proposed programs. The board shall certify that the land(s) are in a certified ADA and all other criteria pursuant to 2:76-4.3 have been satisfied;
5. The original copy of the agreement (the board shall retain appropriate copies);
6. A copy of the owner of last record search; and
7. Any other pertinent information or comments from the board.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 4 - CREATION OF MUNICIPALLY APPROVED FARMLAND PRESERVATION PROGRAMS › Section 2:76-4.7 - Certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After review and evaluation of the certification request, the commission shall certify, certify with conditions or deny the approval of the municipally approved program and present its findings to the Secretary of Agriculture.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 4 - CREATION OF MUNICIPALLY APPROVED FARMLAND PRESERVATION PROGRAMS › Section 2:76-4.8 - Recording of the municipally approved program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of certification, the board shall retain a copy of the agreement and within ten working days document the recording of the municipally approved program in the following manner:
1. The petition in its final form shall be filed and recorded, in the same manner as a deed, with the county clerk and shall be filed with the municipal clerk;
2. The petition in its final form shall be filed with the municipal tax assessor;
3. The agreement shall be filed with the municipal tax assessor and recorded with the county clerk in the same manner as a deed;
4. A copy of the agreement shall be filed with the local soil conservation district, municipal governing body, county governing body, municipal planning board, county planning board and the landowner.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 4 - CREATION OF MUNICIPALLY APPROVED FARMLAND PRESERVATION PROGRAMS › Section 2:76-4.9 - Renewal, termination, reformation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The municipally approved program shall remain in effect for a minimum of eight years from the effective date of the creation of a municipally approved program.
(b) The board and municipal governing body shall conduct a review of the practicability and feasibility to continue the program within the year immediately preceding the termination date of the municipally approved program. At least 90 days prior to the expiration of the program, the board shall, by certified mail, notify all parties which have entered into the agreement to contact the board in writing, within 45 days of receipt of the notice if they want to continue the program for another eight years or to terminate the program at the end of the initial eight-year period.
1. In the event the landowner(s) intends to continue the municipally approved program for another eight years, the landowner(s) shall confirm the following:
i. That the record owner(s) of the premises as identified in the agreement has not changed since the creation of the initial farmland preservation program; and
ii. That the legal metes and bounds description of the boundaries of the premises has not changed since the creation of the initial municipally approved program.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 4 - CREATION OF MUNICIPALLY APPROVED FARMLAND PRESERVATION PROGRAMS › Section 2:76-4.10 - Withdrawal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Under provisions of 4:1C-30, withdrawal of land from the municipally approved program prior to its termination date may occur in the case of death or incapacitating illness of the owner or other serious hardship or bankruptcy, following a public hearing conducted pursuant to the "Open Public Meetings Act", 10:4-6 et seq., and approved by the board and municipal governing body at a regular or special meeting thereof.
(b) The Board shall document this approval by resolution and the municipal governing body by resolution or ordinance and shall file a copy with the following:
1. Committee;
2. Soil conservation district;
3. Municipal tax assessor;
4. Municipal clerk;
5. County clerk;
6. Municipal governing body;
7. County governing body;
8. Municipal planning board;
9. County planning board;
10. Landowner.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 4 - CREATION OF MUNICIPALLY APPROVED FARMLAND PRESERVATION PROGRAMS › Section 2:76-4.12 - Compliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All municipally approved programs shall comply with the provisions of the Agriculture Retention and Development Act, 4:1C-11 et seq., P.L. 1983, c.32, and the provisions of this subchapter.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 5 - SOIL AND WATER CONSERVATION PROJECT COST-SHARING › Section 2:76-5.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter identifies State Agriculture Development Committee rules which provide for a landowner, or a farm operator as an agent for the landowner, whose land is within a municipally approved farmland preservation program or other farmland preservation program, or is subject to a development easement conveyed pursuant to N.J.S.A. 4:1C-24a to apply for and receive grants for soil and water conservation projects. These rules shall be utilized in conjunction with N.J.A.C. 2:90-2 and 2:90-3, promulgated by the State Soil Conservation Committee, which prescribes procedures for development of conservation plans and approval of projects.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 5 - SOIL AND WATER CONSERVATION PROJECT COST-SHARING › Section 2:76-5.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
As used in this subchapter, the following words and terms shall have the following meanings:
"Board" means a county agriculture development board established pursuant to 4:1C-14 or a subregional agricultural retention board established pursuant to 4:1C-17.
"Committee" means the State Agriculture Development Committee established pursuant to 4:1C-4.
"Development easement" means an interest in land, less than fee simple absolute title thereto, which enables the owner to develop the land for any nonagricultural purpose as determined by and acquired under the provisions of 4:1C-11 et seq., P.L. 1983, C.32 and any relevant rules or regulations promulgated pursuant thereto.
"Farmland preservation program" means any voluntary program, the duration of which is at least eight years, authorized by law enacted subsequent to the effective date of the "Farmland Preservation Bond Act of 1981," P.L. 1981, C.276, which has as its principal purpose the long term preservation of significant masses of reasonably contiguous agricultural land within the agricultural development areas adopted pursuant to 4:1C-11 et seq., P.L. 1983, C.32 and the maintenance and support of increased agricultural production as the first priority use of that land.
"Fund" means the "Farmland Preservation Fund" created pursuant to the "Farmland Preservation Bond Act of 1981", P.L. 1981, c.276, and any future funds authorized for the purpose of providing grants to landowners for soil and water conservation projects.
"Municipally approved farmland preservation program", hereinafter referred to as "municipally approved program," means any voluntary program, the duration of which is at least eight years, authorized by law enacted subsequent to the effective date of the "Farmland Preservation Bond Act of 1981," P.L. 1981, C.276, which has as its principal purpose the long term preservation of significant masses of reasonably contiguous agricultural land within agricultural development areas adopted pursuant to 4:1C-11 et seq., P.L. 1983, C.32 and the maintenance and support of increased agricultural production as the first priority use of that land. Any municipally approved program shall be established pursuant to 4:1C-21.
"Secretary" means the Secretary of Agriculture.
"Soil and water conservation project", hereinafter referred to as project, means any project designed for the control and prevention of soil erosion and sediment damages, the control of pollution on agricultural lands, the impoundment, storage and management of water for agricultural purposes, or the improved management of land and soils to achieve maximum agricultural productivity.
"Soil conservation district" means a governmental subdivision of this State organized in accordance with the provisions of 4:24-1 et seq.
"State Soil Conservation Committee" means an agency of the State established pursuant to 4:24-1 et seq.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 5 - SOIL AND WATER CONSERVATION PROJECT COST-SHARING › Section 2:76-5.3 - Approved soil and water conservation projects

Current through Register Vol. 56, No. 14, July 15, 2024
The State Soil Conservation Committee, pursuant to procedures established in N.J.A.C. 2:90-2, shall approve projects that are eligible for cost-sharing.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 5 - SOIL AND WATER CONSERVATION PROJECT COST-SHARING › Section 2:76-5.4 - Eligibility for State soil and water conservation cost-share funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon certification of a farmland preservation program or a municipally approved program, the Committee shall determine the total eligible State soil and water cost-share funds based on common deed ownership in accordance with the following formula:
Acres
Eligibility for State cost-share funds
From 0 to 50 acres
= $ 600.00/acre
From greater than 50 to 100 acres
= $ 30,000 + $ 200.00/acre above 50 acres
From greater than 100 to 450 acres
= $ 40,000 + $ 100.00/acre above 100 acres
Greater than 450 acres
= $ 75,000
1. The total eligible amount of cost-share funds as determined above shall remain in effect for the duration of the initial farmland preservation program or municipally approved program.
2. Upon renewal of the farmland preservation program or municipally approved program, the eligibility of cost-share funds shall be based upon the formula current at the time of program renewal set forth in this section.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 5 - SOIL AND WATER CONSERVATION PROJECT COST-SHARING › Section 2:76-5.5 - Eligible applicants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any landowner or farm operator as an agent for the landowner who is in a farmland preservation program or a municipally approved program shall be eligible to apply for a grant for projects.
(b) The farm operator, as an agent for the landowner, shall be designated in writing by the landowner.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 5 - SOIL AND WATER CONSERVATION PROJECT COST-SHARING › Section 2:76-5.6 - Submission of the application

Current through Register Vol. 56, No. 14, July 15, 2024
An applicant shall apply to the soil conservation district and the board for a grant for a project pursuant to N.J.A.C. 2:90-3.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 5 - SOIL AND WATER CONSERVATION PROJECT COST-SHARING › Section 2:76-5.7 - Approval for project funding

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee may provide a cost-share grant of up to 75 percent of the actual cost for a project approved by the State Soil Conservation Committee pursuant to N.J.A.C. 2:90-2 and 3.
(b) For projects where the applicant provides at least 50 percent of the project cost without assistance from the county and upon the soil conservation district's approval in accordance with N.J.A.C. 2:90-3, the following procedures shall apply:
1. The application shall be forwarded to the State Soil Conservation Committee for approval;
2. A copy of the approved application shall be sent to the board for its information.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 5 - SOIL AND WATER CONSERVATION PROJECT COST-SHARING › Section 2:76-5.8 - Payment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon project completion, as verified by the soil conservation district the applicant shall request payment pursuant to procedures established by N.J.A.C. 2:90-3.
(b) The committee, following State Soil Conservation Committee verification of compliance with N.J.A.C. 2:90-2 and 2:90-3, shall request the Secretary to direct payment to the applicant. The State Soil Conservation Committee, soil conservation district and board shall be advised to such action.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 5 - SOIL AND WATER CONSERVATION PROJECT COST-SHARING › Section 2:76-5.9 - Allocation of soil and water cost-share eligibility after subdivision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A subdivision for change of ownership of any lands under common deed of ownership shall affect eligibility for soil and water conservation project cost-share grants as follows:
1. Subdivision(s) of the land(s) in a program will not alter the total eligibility for soil and water cost-share funding as determined at program enrollment.
2. That portion of the original eligible amount not already obligated and/or expended for specific projects shall be reallocated pro rata on a per acre basis among the parcels.
3. Funds obligated for specific projects at time of sale or subdivision that lapse under the provisions of 2:76-5.3(b)3  shall be reallocated as eligible funds according to (a)2 above.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 6 - ACQUISITION OF DEVELOPMENT EASEMENTS › Section 2:76-6.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The principal purpose for acquisition of development easements is for the long term preservation of agricultural lands in order to maintain and enhance the agricultural industry in the State. These lands shall be retained for agricultural production and shall be restricted from any non-agricultural development.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 6 - ACQUISITION OF DEVELOPMENT EASEMENTS › Section 2:76-6.3 - Eligible applicants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any landowner that applies to the board in compliance with 2:76-6.4 and whose land is in a farmland preservation program, a municipally-approved program or qualifies for differential property tax assessment pursuant to the Farmland Assessment Act of 1964 and which is included in an agricultural development area shall be eligible to sell a development easement on that land, provided that the land satisfies the minimum eligibility criteria contained at 2:76-6.2 0.
(b) Any person or organization acquiring a development easement, by purchase, gift or otherwise, may apply to sell that development easement to the board pursuant to 4:1C-34, provided that the land satisfies the minimum eligibility criteria contained at 2:76-6.2 0.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 6 - ACQUISITION OF DEVELOPMENT EASEMENTS › Section 2:76-6.4 - Application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Under the provisions of 2:76-6.3, the landowner shall submit a completed application to the board.
(b) The board shall require the landowner to sign a certification confirming that the information provided in the application is true.
(c) The board and/or Committee reserve the right to take any necessary action against the landowner to require the return of any funds provided by the board for the purchase of a development easement in the event that the board and/or Committee has determined that the landowner supplied false or misleading information in the application.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 6 - ACQUISITION OF DEVELOPMENT EASEMENTS › Section 2:76-6.5 - Preliminary board review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The board shall review and evaluate the easement purchase application pursuant to 2:76-6.2 0 to determine the suitability of the land for development easement purchase and establish a priority ranking of the applications on the basis of the following factors:
1. Criteria duly adopted by the board which evaluates the degree to which the purchase would encourage the survivability of the land in productive agriculture and the degree of imminence of change of the land from productive agriculture to nonagricultural use pursuant to N.J.S.A. 4:1C-31b.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 6 - ACQUISITION OF DEVELOPMENT EASEMENTS › Section 2:76-6.6 - Preliminary Committee review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee shall review and evaluate all applications received from the boards in accordance with the criteria set forth in 2:76-6.1 6.
1. The Committee shall determine whether the land satisfies the minimum eligibility criteria contained at 2:76-6.2 0.
2. In the event that the criteria is not met, the application shall be rejected by the Committee.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 6 - ACQUISITION OF DEVELOPMENT EASEMENTS › Section 2:76-6.7 - Appraisals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The procedure for conducting and reviewing appraisals shall be as follows:
1. The Committee shall adopt a list of approved appraisers pursuant to 2:76-6.2 1;
2. The board in accordance with county procedures shall select two appraisers from the list adopted by the Committee to conduct independent appraisals of development easements or on lands that have received board and, where appropriate, Committee approvals;
3. Appraisers shall perform appraisals in accordance with procedures detailed at N.J.A.C. 2:76-10, in the generally recognized appraisal practices and in the appraisal handbook;
i. For grant requests submitted pursuant to 2:76-6.5 to the Committee, the appraiser shall certify the market value of the development easements as of August 1 of the year in which the appraisals are conducted;
4. Upon completion of the appraisals, the appraisers shall forward appraisal reports to the appropriate person designated by the board to review the reports for completeness of contractual requirements; and
5. For grant requests for the purchase of development easements submitted to the Committee, the board shall forward the completed appraisals to the Committee on or before November 15 of the year in which the appraisals were conducted.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 6 - ACQUISITION OF DEVELOPMENT EASEMENTS › Section 2:76-6.8 - Committee certification of development easement value

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee shall appoint a review appraiser to evaluate the appraisals submitted by the board and to recommend a market value of the development easement for each application. The review appraisal shall be done in accordance with the appraisal handbook standards at N.J.A.C. 2:76-10.
(b) The Committee shall have final authority for certifying the market value of the development easement.
(c) The Committee's certified market value of the development easement shall not be greater than the highest independent appraised value of the development easement or be less than the lowest independent appraised value of the development easement.
(d) The Committee may find an appraisal invalid if it does not comply with the appraisal handbook for standards at N.J.A.C. 2:76-10 or generally recognized appraisal practices or contains a series of errors, omissions or hypothetical assumptions that significantly impact the integrity of the report such that the appraiser's valuations cannot be supported.
1. If an appraisal is found to be invalid, the committee shall reject the application for which the appraisal was conducted.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 6 - ACQUISITION OF DEVELOPMENT EASEMENTS › Section 2:76-6.9 - Landowner offer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 45 days of the Committee's certification of the fair market value of the development easement, the board shall forward the value to the landowner and the landowner shall submit an asking price to the Committee.
(b) The landowner asking price shall contain information required by the Committee.
(c) The landowner asking price shall be submitted as a sealed confidential offer on or before a uniform date and time to be set by the Committee.
1. The Committee shall not accept any offer submitted after the time and date prescribed by the Committee or any offer which does not contain the information required by the Committee.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 6 - ACQUISITION OF DEVELOPMENT EASEMENTS › Section 2:76-6.10 - Final board review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 30 days of the Committee's opening of the confidential offers pursuant to N.J.A.C. 2:76-6.9(d), the board shall approve or disapprove the applications and submit the following to the Committee:
1. The priority ranking of the approved applications based upon suitability criteria duly adopted by the board which evaluate the following:
i. Priority consideration shall be given to offers with higher numerical values obtained by applying the following formula:
Data in image
ii. The degree to which the purchase would encourage the survivability of the municipally approved program in productive agriculture; and
iii. The degree of imminence of change of the land from productive agriculture to nonagricultural use;
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 6 - ACQUISITION OF DEVELOPMENT EASEMENTS › Section 2:76-6.11 - Final Committee review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee shall approve a maximum limit of funds available and the maximum number of applications permitted per county for an easement purchase grant round to provide grants to counties and municipalities for the purchase of development easements on farmland.
(b) Upon receipt of applications which have received final approval by the board, the Committee shall determine the landowner's formula index by application of the formula contained in N.J.S.A. 4:1C-31b(1) as follows:
nonagricultural development value
-
agricultural value
-
landowner'asking prices
--------------------------------------------------------
=
formula index
nonagricultural development value
-
agricultural value
(c) The Committee's funding priority shall be given to those applications which have higher numerical values obtained by application of the following formula:
(quality score) + (formula index x 200) = final score
1. Regardless of the final score, the Committee may disapprove an application if it determines that the applicant has initiated proceedings in anticipation of applying to sell a development easement or during the application process which have the effect of increasing the applicant's appraised development easement value.
2. The Committee may give funding priority to offers with higher numerical values in any one county based on the applicant's final score.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 6 - ACQUISITION OF DEVELOPMENT EASEMENTS › Section 2:76-6.12 - Landowner decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 30 days of the board's receipt of the Committee's final approval, the board shall present to the landowner a written offer to purchase the development easement. A binding offer shall be contingent upon compliance with the provisions stated in 2:76-6.1 3.
(b) The landowner shall accept or reject the offer in writing within 30 days of receipt thereof. Any offer not accepted within that time shall be deemed rejected.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 6 - ACQUISITION OF DEVELOPMENT EASEMENTS › Section 2:76-6.13 - Terms, contingencies and conditions of purchase

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the landowner's acceptance of an offer to sell a development easement, the landowner shall provide evidence that current lien, easement and right-of-way holders will, as required by the Committee and board, subordinate their rights to the rights and privileges granted by the sale of the development easement to the board and shall supply recordable evidence of their subordination at the time of transfer of the easement.
(b) The board shall authorize an insured title search and a survey be conducted on the subject land.
(c) Upon the purchase of the development easement by the board, a statement containing the conditions of conveyance and restrictions on the use an development of the land shall be attached to and recorded with the deed of the land in the same manner as the deed was originally recorded (see 2:76-6.1 5).
1. Subject to Committee approval, the board may establish more stringent deed restrictions for the purpose of recognizing local conditions.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 6 - ACQUISITION OF DEVELOPMENT EASEMENTS › Section 2:76-6.14 - Payment procedures; schedule of payment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The board and the landowner may agree upon and establish a schedule of payment which provides that the landowner may receive consideration for the easement in a lump sum, or in installments over a period of up to 40 years from the date of settlement, provided that:
1. If a schedule of installments is agreed upon, the State Comptroller shall retain in the fund, or the governing body shall retain, an amount of money sufficient to pay the landowner pursuant to the schedule.
2. The landowner shall receive, annually, interest on any unpaid balance remaining after the date of settlement. The interest shall accrue at a rate established in the installment contract.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 6 - ACQUISITION OF DEVELOPMENT EASEMENTS › Section 2:76-6.14A - Request for pre-closing division of land

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event that a landowner applies to the board and Committee to divide farmland which has received final approval by both the board pursuant to 2:76-6.1 0 and Committee pursuant to 2:76-6.1 1, but prior to the conveyance of the development easement to the board, the Committee may grant approval to divide the land if all of the following criteria are met:
1. The division of the land results in agriculturally viable parcels;
2. The division of the land is for an agricultural purpose;
3. Common deed ownership of the land existed at the time of application;
4. There exists a contract of sale between the board and/or county and the landowner to convey the development easement to the board and/or county which does not contain a condition requiring or permitting the division prior to the conveyance;
5. The county and/or board has granted approval of the division;
6. There is an existing, valid contract of sale to convey the divided parcel(s) to a third party(ies); and
7. The county and/or board enters into a Grant Agreement with the SADC pursuant to 2:76-6.1 8.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 6 - ACQUISITION OF DEVELOPMENT EASEMENTS › Section 2:76-6.16 - Criteria for evaluating development easement applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The evaluation shall be based on the merits of the individual application and the application's contribution to its respective project area. The weight factor assigned to each criterion identifies the relative importance of the specific criterion in relation to the other criteria.
(b) The criteria listed in (c), (d), (e), (f), (g), and (h) below shall be combined to demonstrate the degree to which the purchase would encourage the survivability of the municipally approved program in productive agriculture.
(c) The soil quality criterion (weight 15) is as follows:
1. Priority will be given to soils which exhibit superior quality, require minimal maintenance and have a greater potential for long term viability for a variety of agricultural purposes.
2. Factors to be considered are as follows:
i. Prime soils identified by the U.S.D.A., Soil Conservation Service;
ii. Soils of Statewide importance as identified by the New Jersey Department of Agriculture, State Soil Conservation Committee; and
iii. Other soils which are specifically suited for the production of specialty crops and are being used or intended to be used for that purpose.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 6 - ACQUISITION OF DEVELOPMENT EASEMENTS › Section 2:76-6.17 - Residual dwelling site opportunity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon a landowner's request, residual dwelling site opportunities may be allocated to the premises by the board only under the following conditions:
1. The overall gross density shall not exceed one residential unit per 100 acres. The board shall decrease the allocation in consideration of the following conditions:
i. Existing residential buildings on the premises;
ii. Proposed residential building(s) which have received preliminary and/or final approval from the municipality but have not yet been constructed; and
iii. In no case shall the overall density of residual dwelling site opportunities, existing residential buildings and proposed residential buildings exceed one unit per 100 acres.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 6 - ACQUISITION OF DEVELOPMENT EASEMENTS › Section 2:76-6.18A - SADC grant agreement with county: acquisition phase; and monitoring phase

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The county shall certify that the acquisition of development easements by the county as set forth in the agreement complies with the provisions of the Agriculture Retention and Development Act, 4:1C-11 et seq., P.L. 1983, c.32, as amended, and all implementing regulations in this chapter.
(b) During the acquisition phase the county which is in the process of acquiring a development easement pursuant to the Agriculture Retention and Development Act and other implementing regulations, N.J.A.C. 2:76-6 shall:
1. Provide a copy of a survey of the respective property, certified to the county, CADB, SADC, and title company which has been performed in accordance with 45:8-27 et seq. and 13:40-1.1 through 10.1.
i. The county is encouraged to require the surveyor to delineate internal features such as residential units, agricultural labor units, other agricultural buildings or structures and easements of record. This information will be extremely helpful in setting baseline data for future enforcement of the deed restrictions by the county;
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 6 - ACQUISITION OF DEVELOPMENT EASEMENTS › Section 2:76-6.18B - SADC grant agreement with county: SADC responsibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In furtherance of an agreement for a grant for the purchase of a development easement by a county the SADC shall:
1. Conduct a base line inspection of the properties designated in Schedule A of the agreement in cooperation with the county;
2. Review the title commitment, final survey, and other necessary closing documents deemed to be complete and accurate by the county prior to the formal purchase of a development easement;
3. Attend the formal closing for the purchase of a development easement to ensure that the SADC's interests and obligations are fully protected;
4. Provide a grant to the county for the purchase of a development easement on the properties designated in Schedule A of the agreement subject to available funds, pursuant to the Agriculture Retention and Development Act, 4:1C-11 et seq. and 2:76-6.1 1, within 18 months of the SADC's final approval, but not prior to the closing for the purchase of the development easement;
5. Consider a request by the county pursuant to 2:76-6.1 8A(b) 11, to extend the 18 month period to provide a grant to the county as follows:
i. The SADC may extend the 18 month period for one additional six month period when it has determined that extenuating circumstances which are beyond the county's or landowner's control have caused the delay;
6. Enforce the provisions of the Deed of Easement pursuant to the Agriculture Retention and Development Act, 4:1C-11 et seq. and N.J.A.C. 2:76; and
7. Review and take appropriate action as required pursuant to the Agriculture Retention and Development Act, 4:1C-11 et seq., this chapter and the Deed of Easement.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 6 - ACQUISITION OF DEVELOPMENT EASEMENTS › Section 2:76-6.19 - Request for Committee approval of lands permanently deed-restricted by a board and/or county not requiring a Committee cost share grant

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A board and/or county may request Committee approval of land from which a development easement was purchased by or donated to the board and/or county for the purpose of ensuring that the owner of the land is afforded all of the benefits available to lands from which a development easement has been conveyed pursuant to the Agriculture Retention and Development Act, 4:1C-11 et seq., P.L. 1983, c.32 and N.J.A.C. 2:76.
(b) To initiate a review by the Committee, the board shall provide the Committee with the following:
1. A completed application which included the following:
i. The landowner name, address, phone number;
ii. The block and lot designation;
iii. Acres;
iv. The general location;
v. Operation;
vi. Residence, RDSOs, exceptions;
vii. Pre-existing, non-agricultural uses;
viii. Prior subdivision approval;
ix. Easements/rights of way;
x. The quality score and ranking;
xi. The degree of imminence of change or conversion analysis; and
xii. The county ranking of the farm.