reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 17A - MUNICIPAL PLANNING INCENTIVE GRANTS › Section 2:76-17A.9 - Committee review of an individual farm application from an eligible farm

Current through Register Vol. 56, No. 14, July 15, 2024
(a) t any time during the year, but subsequent to the Committee's approval of an annual planning application, and prior to commencement of any appraisals to be submitted to the Committee for review and certification, the municipality shall submit to the Committee the following information for any eligible farm that the municipality intends to commence processing for purchase:
1. A completed individual farm application;
2. Appropriate GIS mapping and soils analysis, as required by the Committee;
3. Clear delineation of all proposed exception areas, whether severable or non-severable, all housing opportunities and all pre-existing nonagricultural uses that shall identify the information in (a)3i and ii below. Exception areas shall be permitted only if they do not cause a substantially negative impact on the continued use of the land for agricultural purposes.
i. The allocation of any residual dwelling site opportunities authorized pursuant to 2:76-6.1 7; and
ii. Any other residential opportunities that currently exist on the premises;
4. Confirmation that the farm meets the minimum eligibility criteria established by the municipality in its comprehensive farmland preservation plan developed in accordance with N.J.A.C. 2:76-17A.4(a)7;
5. Rank score of the farm based on the municipality's adopted ranking criteria; and
6. Written notice of the individual farm application to the board.
i. If county funding is sought, the municipality shall confirm that the application meets board minimum eligibility criteria.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 17A - MUNICIPAL PLANNING INCENTIVE GRANTS › Section 2:76-17A.10 - Appraisal of eligible farms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon Committee approval of an individual farm application pursuant to N.J.A.C. 2:76-17A.9(b), the municipality shall select two appraisers from the list of appraisers approved by the Committee pursuant to N.J.A.C. 2:76-6.22 to conduct independent appraisals of each farm to determine the market value of the development easement for which funding is requested.
1. The municipality shall provide to the appraisers a completed appraisal order checklist as required by the Committee and a copy of the individual farm application including, but not limited to, residential opportunities, exceptions, soils, wetlands, and any other factors that may affect the market value of the development easement.
2. The appraisers shall perform appraisals in accordance with procedures detailed in the appraisal handbook for standards at 2:76-6.1 0, generally recognized appraisal practices, 4:1C-11 et seq., and 13:8C-1 et seq., P.L. 1999, c. 152 and the Committee's appraisal handbook.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 17A - MUNICIPAL PLANNING INCENTIVE GRANTS › Section 2:76-17A.11 - Committee certification of development easement values

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee shall review appraisals of eligible farms only after they have been authorized for appraisal pursuant to 2:76-17A.9(b).
(b) The Committee shall appoint a review appraiser to evaluate the appraisals submitted by the municipality and to recommend a market value of the development easement for each farm. The review appraisal shall be conducted in accordance with the appraisal standards contained in N.J.A.C. 2:76-10.
(c) The Committee shall have final authority for certifying the market value of the development easement pursuant to 2:76-6.8.
(d) The Committee shall certify the market value of the development easement and report the certified value to the municipality.
(e) The Committee may determine not to certify the market value of the development easement if an appraisal does not comply with the appraisal handbook for standards at N.J.A.C. 2:76-10 or generally recognized appraisal practices.
1. If the appraisal is not amended to comply with the appraisal handbook or generally recognized appraisal practice within 60 days of the Committee review appraiser requesting such amendments, the Committee may invalidate the appraisal.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 17A - MUNICIPAL PLANNING INCENTIVE GRANTS › Section 2:76-17A.12 - Landowner offer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 30 days of receipt of the Committee's certification of market value of the development easement, the municipality shall report the certified value to the landowner.
1. The municipality may negotiate a purchase price of the development easement for an amount greater than or less than the Committee's certified market value of the development easement, but not greater than the higher of the two independent appraised development easement values determined pursuant to 4:1C-31(c)  and 13:8C-1 et seq., P.L. 1999, c. 152 and 2:76-17A.1 1.
2. If applicable, the municipality shall inform the landowner of the terms and conditions of any installment purchase agreements, options or potential donations.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 17A - MUNICIPAL PLANNING INCENTIVE GRANTS › Section 2:76-17A.13 - Final municipal review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The municipality shall approve or disapprove the acquisition of a development easement on an eligible farm based on total available funding and provide the following to the Committee:
1. A commitment of funding by the municipality and each level of government that is providing funding, as evidenced by an adopted resolution of each governing body.
i. In the event that the county is providing funding, the individual farm application shall initially be submitted to the board. In such event, the county shall hold title to the development easement.
ii. In the event that the county is not providing funding, the municipality must notify the board, in writing, that an individual farm application was granted final approval and submitted to the Committee for final review. In such event, the Committee shall hold title to the development easement.
iii. In the event that the municipality is pre-acquiring the development easement, it shall adopt the appropriate ordinance pursuant to the Local Lands and Building Law, N.J.S.A. 40A:12-1et seq. The municipality shall transfer title to the development easement to the county in the event the county is providing funding, or shall transfer title to the development easement to the Committee in the event the county is not providing funding;
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 17A - MUNICIPAL PLANNING INCENTIVE GRANTS › Section 2:76-17A.14 - Final committee review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee shall review all requests for funding for the purchase of a development easement on an eligible farm approved by the municipality for compliance with all applicable statutes, rules, regulations, and policies.
1. The Committee shall confirm receipt of appropriate resolutions from the municipality, and if funding is being provided, the board and governing body of the county approving of the purchase of a development easement and dedicating sufficient funds to account for local cost share.
2. The Committee shall confirm receipt of the adopted ordinance if appropriate pursuant to 2:76-17A.1 3(a)1i.
3. The Committee shall confirm receipt of the agreement between the municipality and/or county, and the landowner.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 17A - MUNICIPAL PLANNING INCENTIVE GRANTS › Section 2:76-17A.15 - Deed restrictions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Deed restrictions shall be attached to and recorded with the deed of the land and shall be consistent with 2:76-6.1 5.
(b) The development easement shall be held by the Committee, or by the appropriate county if county funds are utilized, in the purchase of a development easement on a farm.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 17A - MUNICIPAL PLANNING INCENTIVE GRANTS › Section 2:76-17A.16 - Terms, contingencies, and conditions of purchase

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Terms, contingencies and conditions of a purchase shall be consistent with the provisions of 2:76-6.1 3.
1. For monitoring purposes, if the county does not provide funding toward the purchase of the development easement, the Committee shall be responsible for monitoring the farm annually to ensure compliance with the deed of easement.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 18 - AGRICULTURAL MEDIATION PROGRAM › Section 2:76-18.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter establishes procedures to be followed by certified mediators, disputants and State Agriculture Development Committee staff for implementing the New Jersey Agricultural Mediation Program as administered by the State Agriculture Development Committee.
(b) The Committee's Agricultural Mediation Program is a certified mediation program, in that it meets the United States Department of Agriculture-Farm Service Agency's (USDA-FSA's) requirements for certification.
(c) The Committee shall offer the services of the Agricultural Mediation Program to disputants provided there is adequate funding for the program.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 18 - AGRICULTURAL MEDIATION PROGRAM › Section 2:76-18.3 - Certification and assignment of mediators

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Persons interested in becoming certified agricultural mediators shall contact the Committee in writing.
(b) In order to be qualified as an agricultural mediator, each mediator shall be certified as having satisfied the requirements of a Committee-approved agricultural mediation training session, which shall be a minimum of 18 hours of core mediator knowledge and skills training, including role-play simulations of mediated disputes, as provided by the Committee.
(c) The Committee shall certify each mediator who has satisfactorily completed the requirements of the Committee.
(d) Certified agricultural mediators shall be placed on the Committee's certified list according to where they reside, in alphabetical order based on their last names.
(e) The certified list shall be divided into three regions: Northern New Jersey (representing the counties of Bergen, Essex, Hudson, Passaic, Sussex and Warren), Central New Jersey (representing the counties of Hunterdon, Mercer, Middlesex, Monmouth, Morris, Somerset and Union) and Southern New Jersey (representing the counties of Atlantic, Burlington, Cape May, Camden, Cumberland, Gloucester, Ocean and Salem).
(f) Mediators shall be selected and assigned cases on a rotating basis from the certified list representing the geographic region where the dispute occurs.
1. In the event the selected mediator is unavailable for the assigned mediation, the next mediator on the certified list in the appropriate region shall be assigned to the case.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 18 - AGRICULTURAL MEDIATION PROGRAM › Section 2:76-18.4 - Duties of certified agricultural mediators

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Mediation is a voluntary process for settlement negotiation. In performing his or her duties, an agricultural mediator shall:
1. Act as a third party and not represent any disputant;
2. Not give legal advice in any capacity relating to or in the rendering of services;
3. Not have the power or the authority to compel or enforce settlements;
4. Not have conflicts of interest with respect to matters to be mediated or parties involved in mediation;
5. Not have subpoena power; and
6. Comply with this section.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 18 - AGRICULTURAL MEDIATION PROGRAM › Section 2:76-18.5 - Mediation initiation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A request for voluntary mediation shall be submitted to the Committee in writing.
(b) In the event that a court of law mandates agricultural mediation, a copy of the document mandating mediation shall be submitted to the Committee by the appropriate court personnel or the disputants.
(c) The Committee shall provide a standard request for voluntary mediation form to mediation requesters which shall require the following information:
1. Requesters' name(s), address(es) and telephone number(s);
2. A brief description of the dispute;
3. The nature of the requesters' relationship to the party(ies) with which the requester(s) has/have a dispute; and
4. The name(s), address(es) and telephone number(s) of the party(ies) with which the requester(s) has/have a dispute.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 18 - AGRICULTURAL MEDIATION PROGRAM › Section 2:76-18.6 - Agreement to Mediate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of the completed standard form, the Committee shall forward copies of the standard form and an Agreement to Mediate provided by the Committee to the named disputants along with an explanation of the mediation process.
(b) No mediation shall be conducted until all participants sign the Agreement to Mediate as provided by the Committee, and the Committee is in receipt of same.
1. Additional parties may participate in a mediation proceeding by signing the Agreement to Mediate and by obtaining the consent of the parties signing the request for mediation.
2. The Committee shall be in receipt of the revised Agreement to Mediate prior to the commencement of the mediation session.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 18 - AGRICULTURAL MEDIATION PROGRAM › Section 2:76-18.7 - Mediation Agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every mediator retained by the Committee shall enter into a Mediation Agreement with the Committee setting forth the terms and conditions for the mediation services to be provided for each mediation session.
(b) Mediators shall be compensated for their services at an agreed-upon rate which will be reflected in the Mediator Agreement between the mediator and the Committee.
1. Mediators shall receive compensation for travel expenses in an amount not to exceed the amount allowed State employees.
2. Mediators shall be reimbursed for other necessary expenses, including meals, tolls and parking, agreed to by the mediator and the Committee. Any expenses not agreed to by the mediator and the Committee shall not be reimbursed.
3. Mediators shall, at the termination of mediation, file with the Committee a statement on a form approved by the Committee listing the number of hours of mediation conducted, fee totals for mediation services, and any compensation for travel or other reimbursable expenses.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 18 - AGRICULTURAL MEDIATION PROGRAM › Section 2:76-18.8 - Mediation proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Mediation proceedings shall be conducted by the mediator at times and locations which are agreed upon by the parties and the mediator, and coordinated through the Committee.
(b) Mediation proceedings shall commence with an opening statement by the mediator describing the purpose and procedures for the process.
(c) The mediator may hold joint or separate meetings with the disputants, and the mediator may request other persons to participate in the mediation proceedings, upon written consent of the original disputants. Parties may have representatives present at mediation sessions. The mediator shall regulate the proceedings to prevent disruptions, and may terminate mediation sessions in his or her discretion.
(d) Absolute confidentiality of all material and information shall be strictly maintained. All statements made during the mediation process are deemed to be privileged and inadmissible for any purpose in any proceeding, unless it is expressly agreed upon by all parties to a mediation that such communications may be divulged. The parties shall not subpoena or otherwise require the mediator to testify or produce records, reports, notes or other documents reviewed, received, or prepared by the mediator during the course of the mediation process.
(e) No stenographic record or tape recording of the mediation session shall be permitted.
(f) With respect to the parties to the mediation, no mediator shall:
1. Provide legal or other advice to the parties in a mediation proceeding, or offer or deliver services, other than mediation services on any issue raised in the mediation session;
2. Solicit or accept from any person or entity, either directly or indirectly, anything of value;
3. Disclose confidential information gained as a result of his or her service as a mediator, except upon agreement with the parties and the Committee;
4. Use information gained as a result of his or her service as a mediator in any way which could result in the receipt of anything of value by the mediator or any person or organization with which the mediator is associated; and
5. Use or attempt to use his or her position as a mediator to gain unlawful benefits, advantages or privileges for himself or herself, or for others.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 18 - AGRICULTURAL MEDIATION PROGRAM › Section 2:76-18.9 - Mediator and disputant withdrawal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any party shall have the right, upon written request, to direct the Committee to select a different mediator prior to the initial mediation meeting.
(b) Upon written agreement by the parties and the Committee, the mediation proceedings shall continue with a new mediator.
(c) In the case of a mediation with multiple disputants, a mediation session shall continue if one or more parties withdraw, upon agreement by the remaining parties.
(d) A party or a mediator may withdraw from mediation at any time. The party or mediator shall notify the Committee of his or her withdrawal and set forth the reasons for same.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 18 - AGRICULTURAL MEDIATION PROGRAM › Section 2:76-18.10 - Annual renewal of mediator certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee shall annually review and
				renew the certificates of certified mediators to ensure satisfactory
				performance of mediation responsibilities and completion of continued training
				by June 30th of each year.
1. In order to have
				his or her certification renewed, a certified mediator, if assigned a case(s)
				during the fiscal year, must have satisfied the requirements of this
				subchapter, and must have completed continued training pursuant to (c)
				below.
2. If a certified
				agricultural mediator has not been assigned a case(s) during the fiscal year,
				his or her certification shall be renewed, provided they have completed the
				continued training pursuant to (c) below.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 19 - VALUATION OF DEVELOPMENT EASEMENTS IN THE PINELANDS AREA › Section 2:76-19.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter applies to the valuation of development easements in three management areas of the Pinelands area (agricultural production areas, special agricultural production areas, and preservation areas) whenever the value of a development easement on farmland to be acquired using constitutionally dedicated moneys in whole or in part pursuant to the Garden State Preservation Trust Act, P.L. 1999, c. 152, is determined based upon the value of any Pinelands Development Credits allocated to the parcel pursuant to P.L. 1979, c.111 and the Pinelands Comprehensive Management Plan adopted pursuant thereto.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 19 - VALUATION OF DEVELOPMENT EASEMENTS IN THE PINELANDS AREA › Section 2:76-19.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Agricultural production areas" means those areas established by the Pinelands Comprehensive Management Plan at 7:50-5.1 3(c).
"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 the provisions of 4:1C-11 et seq., P.L. 1983, c.32 and any relevant rules or regulations promulgated pursuant thereto.
"Pinelands area" means that area defined in N.J.S.A. 13:18A-3h and designated by 13:18A-11.
"Pinelands Development Credit" or "PDC" means a transferable development right created pursuant to the Pinelands Comprehensive Management Plan, and further defined by N.J.S.A. 13:18A-32h and 3:42-2.2.
"Pinelands National Reserve" means the approximately 1,000,000 acre area so designated by section 502 of the National Parks and Recreation Act of 1978, 16 U.S.C. §
										471i., Pub. L. 95-625.
"Preservation area" means that area defined in N.J.S.A. 13:18A-3j and designated by N.J.S.A. 13:18A-11b.
"Protection area" means that portion of the Pinelands area not included within the preservation area, as defined in N.J.S.A. 13:18A-3k.
"Reasonably contiguous" means within one mile.
"Regional growth areas" means those areas as defined in the Pinelands Comprehensive Management Plan at 7:50-5.1 3(g).
"Special agricultural production areas" means those areas established by the Pinelands Comprehensive Management Plan at 7:50-5.1 3(d).
"Streams" means bodies of water which continuously contain moving water or which form a link between two bodies of standing water.
"Towns" means those areas established by the Pinelands Comprehensive Management Plan at 7:50-5.1 3(f).
"Villages" means those areas established by the Pinelands Comprehensive Management Plan at 7:50-5.1 3(f).
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 19 - VALUATION OF DEVELOPMENT EASEMENTS IN THE PINELANDS AREA › Section 2:76-19.3 - Valuation of development easements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Development easements shall be valued by adjusting the base value of the easement as determined in accordance with 2:76-19.4 pursuant to the factors set forth in this subchapter.
(b) Landowners shall have a choice of having their development easements appraised pursuant to this subchapter or pursuant to 4:1C-31.
(c) For those properties on which a portion of the total amount of PDCs allocated have been severed and on which Pinelands restrictions have been placed, the remaining portion of the property (on which PDCs have not been severed and on which Pinelands restrictions have not been placed) shall be eligible for valuation pursuant to this subchapter. Properties on which all allocated PDCs have been severed (and on which Pinelands restrictions have been placed), except for a portion reserved for the sole purpose of constructing residences or other buildings on the property, shall not be eligible for valuation pursuant to this subchapter.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 19 - VALUATION OF DEVELOPMENT EASEMENTS IN THE PINELANDS AREA › Section 2:76-19.4 - Base value

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The base value of a development easement shall be determined according to whether the property is uplands or wetlands and the allocation of Pinelands Development Credits on the property from which the development easement will be conveyed.
1. For those development easements on property located in Pinelands area where the property is eligible for a Pinelands Development Credit (PDC) allocation of two PDCs per 39 acres (uplands and cultivated lands), the base value of the development easement shall be $ 1,600 per acre.
2. For those development easements on property located in Pinelands Area where the property is eligible for a Pinelands Development Credit allocation of 0.2 PDCs per 39 acres, the base value of the development easement shall be $ 160.00 per acre.
3. For those development easements on property located in Pinelands area where the property is eligible for a Pinelands Development Credit allocation of one PDC per 39 acres, the base value of the development easement shall be $ 800.00 per acre.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 19 - VALUATION OF DEVELOPMENT EASEMENTS IN THE PINELANDS AREA › Section 2:76-19.5 - Adjustments to base value, generally

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The base values of a development easement shall be adjusted by the following:
1. Regional Environmental Quality Areas;
2. Site-specific environmental quality factors;
3. Scenic corridors and access to markets;
4. On-site septic suitability;
5. Agriculture viability factors; and
6. Special importance environmental resource factors.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 19 - VALUATION OF DEVELOPMENT EASEMENTS IN THE PINELANDS AREA › Section 2:76-19.6 - Regional Environmental Quality Areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The base value shall be increased by the percentage factor associated with the environmental quality area in which the property is situated. Only one area adjustment factor shall be applied to each development easement. If the property on which a development easement is being valued lies within two environmental quality areas, the area in which the majority of the property lies shall apply.
1. Northern Environmental Quality Area (consisting of those properties in the Protection Area in Ocean County, but which are not in the Pinelands National Reserve)--24 percent;
2. Western Environmental Quality Area (consisting of properties located in the Protection Area in Burlington County and properties that are reasonably contiguous to the Protection Area in Burlington County)--44 percent;
3. Central Environmental Quality Area (consisting of properties located in the Protection Area in Camden and Atlantic Counties)--33 percent;
4. Southern Environmental Quality Area (consisting of properties located in the Protection Area in Gloucester and Cumberland Counties)--15 percent;
5. Pinelands National Reserve Area (consisting of properties located in the Pinelands National Reserve, but not in the Pinelands Area, in Ocean, Atlantic, Cumberland and Cape May Counties)--24 percent; and
6. Preservation Area (consisting of properties located in the Preservation Area which do not fall within any of the other areas)--14 percent.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 19 - VALUATION OF DEVELOPMENT EASEMENTS IN THE PINELANDS AREA › Section 2:76-19.7 - Site-specific environmental quality factors

Current through Register Vol. 56, No. 14, July 15, 2024
The base value shall be increased based upon the property's proximity to towns, regional growth areas, Pinelands area boundaries, and villages, pursuant to the following chart. The maximum adjustment for this factor shall be 25 percent.
Distance to Management Area and
Pinelands Area Boundary (Miles)
Management Area
<0.5
0.5-2.0
2.0-4.0
4.0-6.0
>6.0
Town or Regional
Growth Area
or
Pinelands Area
Boundary
15%
15%
10%
5%
0%
Village
10%
5%
0%
0%
0%
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 19 - VALUATION OF DEVELOPMENT EASEMENTS IN THE PINELANDS AREA › Section 2:76-19.8 - Scenic corridors and access to markets

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The base value shall be increased based upon the property's proximity to roads which provide access to scenic corridors and markets in which agricultural products may be sold or purchased, pursuant to the following chart. No more than two factors may be utilized.
Distance to Highways and Roads in Miles
.5mi.
.5-2 mi.
2-4 mi.
4-6 mi.
6-8 mi.
Limited Access
Highway
20%
20%
15%
10%
5%
Federal or State
Highway
15%
10%
5%
0%
0%
County Road
10%
5%
0%
0%
0%
Municipal Road
5%
0%
0%
0%
0%
Unpaved
0%
0%
0%
0%
0%
(b) The base value shall be increased based upon the following road frontage ratios. Road frontage shall be the ratio of total road frontage, measured in feet, to total property size, measured in acres.
1. Greater than 30:1--10 percent;
2. 11:1 to 30:1--six percent; and
3. 1:1 to 10:1--two percent.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 19 - VALUATION OF DEVELOPMENT EASEMENTS IN THE PINELANDS AREA › Section 2:76-19.9 - On-site septic suitability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The base value shall be adjusted for the property's on-site septic suitability rating as one indicator of the environmental conditions on the parcel under the provisions of the Pinelands Comprehensive Management Plan. Base values shall be increased based upon the following septic suitability limitations:
1. Seventy-six percent to 100 percent slight limitations--10 percent;
2. Fifty-one percent to 75 percent slight limitations--seven percent;
3. Twenty-six percent to 50 percent slight limitations--five percent; and
4. Five percent to 25 percent slight limitations--two percent.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 19 - VALUATION OF DEVELOPMENT EASEMENTS IN THE PINELANDS AREA › Section 2:76-19.10 - Agriculture viability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The base value shall be increased based upon the type of soil on the property pursuant to the following chart. The maximum adjustment for this factor shall be 20 percent.
Statewide
Prime
Importance
Unique
76% to 100%
20%
18%
12%
51% to 75%
15%
14%
9%
26% to 50%
10%
9%
6%
Less than 26%
5%
4%
3%
(b) If the property is reasonably contiguous to land that has been permanently preserved, the base value shall be increased by 12 percent.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 19 - VALUATION OF DEVELOPMENT EASEMENTS IN THE PINELANDS AREA › Section 2:76-19.11 - Special importance environmental resource factors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the property contains lakes and reservoirs that significantly impact the recharge of the Cohansey Aquifer, contain water year round, and are greater than two acres, the base value shall be increased by .375 percent per acre pursuant to 2:76-19.1 2. The maximum adjustment for this factor shall be 15 percent pursuant to 2:76-19.1 2.
(b) If the property contains any streams, the base value shall be increased by 20 percent pursuant to 2:76-19.1 2.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 19 - VALUATION OF DEVELOPMENT EASEMENTS IN THE PINELANDS AREA › Section 2:76-19.12 - Wetlands and wetlands transition areas

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a property contains lakes and reservoirs as described in 2:76-19.1 1(a) or streams as described in 2:76-19.1 1(b), the owner of the property shall choose between one of the following options:
1. Receiving an increase in base value pursuant to 2:76-19.1 1 and having the following deed restriction placed on the property:
"Agricultural use of wetlands and areas within 300 feet of wetlands ("wetlands transition areas") shall be consistent with subchapter 6 of the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-6, as may be amended from time to time. Specifically, except for horticulture of native Pinelands species, berry agriculture, and beekeeping, agriculture shall not be permitted in wetlands and wetlands transition areas, except if such agricultural uses existed prior to the promulgation of the Pinelands Comprehensive Management Plan in 1979 or if the Comprehensive Management Plan is amended to permit such uses."
2. Not receiving an increase in base value pursuant to 2:76-19.1 1 and not being required to place the deed restriction contained in 2:76-19.1 2(a)1 on the property.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 19 - VALUATION OF DEVELOPMENT EASEMENTS IN THE PINELANDS AREA › Section 2:76-19.13 - Impervious coverage

Current through Register Vol. 56, No. 14, July 15, 2024
A landowner may choose to receive a higher base value pursuant to 2:76-19.4(c)  by placing a deed restriction on his or her property that limits impervious coverage on the property. The impervious coverage limitation shall be 10 percent of the total property acreage, and shall include, but not be limited to, houses, barns, stables, sheds, silos, outhouses, cabanas and other buildings, swimming pools, docks, or decks. Temporary greenhouses and other temporary coverings which do not have impervious floors shall be excluded from the computation of the impervious coverage area. If the landowner chooses to increase the base value pursuant to 2:76-19.4(c), he or she shall place such impervious coverage limitations on his or her property.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 19 - VALUATION OF DEVELOPMENT EASEMENTS IN THE PINELANDS AREA › Section 2:76-19.14 - Maximum development easement value

Current through Register Vol. 56, No. 14, July 15, 2024
In no instance shall the development easement value calculated pursuant to this subchapter exceed 80 percent of the fee simple market value of the property as determined by the Committee.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 20 - FARMLAND STEWARDSHIP PROGRAM › Section 2:76-20.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter sets forth 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 permanent farmland preservation program, to apply for and receive grants for farmland stewardship projects.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 20 - FARMLAND STEWARDSHIP PROGRAM › Section 2:76-20.3 - Applicant eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any landowner enrolled in a farmland preservation program is eligible to apply for State funding assistance for farmland stewardship cost-share projects approved by the Committee and promulgated in this subchapter, provided he or she is an established farmer.
(b) Implementation projects shall not be in violation of restrictions as found in the Deed of Easement.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 20 - FARMLAND STEWARDSHIP PROGRAM › Section 2:76-20.4 - Availability of State farmland stewardship cost-share funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Grant amounts available to established farmers shall be in the form of a 50 percent matching grant, with 50 percent of the cost associated with the project provided by the established farmer.
(b) Grant amounts available to established farmers shall be based on common deed ownership, shall not exceed $ 200.00 per acre and shall not exceed a total grant amount of $ 20,000 per application.
(c) The applicant shall not be eligible to apply for additional Farmland Stewardship Program cost-share grants for a period of at least eight years from the date of completion of a previously approved feasibility plan and/or implementation project.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 20 - FARMLAND STEWARDSHIP PROGRAM › Section 2:76-20.5 - Feasibility plan application contents and procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant agrees that, as a condition of approval for a farmland stewardship cost-share grant, a feasibility plan shall be prepared by a team of technical consultants.
(b) An applicant shall apply directly to the Committee for up to 50 percent of the cost of implementing a farmland stewardship project(s).
(c) The feasibility plan application shall include the following:
1. A full description of the current agricultural activities occurring on the land including: the type and quantity of crops, number of livestock, and/or acreage leased or used by others and the applicant for agricultural purposes;
2. A statement of the present financial situation of the farm including the gross farm income, copies of Internal Revenue Service forms Schedule F or 1120S for the three most recent tax years and a net worth statement;
3. A statement identifying any farm debt;
4. A statement indicating if the established farmer has income from employment other than farm income identified in (c)2 above;
5. A statement as to the established farmer's history of farm operation and management;
6. A statement as to the established farmer's history of agricultural education; and
7. Authorization for the Committee to visit, by appointment, the farmland which is the subject of the feasibility plan.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 20 - FARMLAND STEWARDSHIP PROGRAM › Section 2:76-20.6 - Committee feasibility plan application review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee shall notify the applicant in writing of its receipt of the feasibility plan application.
(b) If the Committee makes an initial determination that the feasibility plan application is ineligible due to non-conformance with the provisions of this subchapter, the Committee shall notify the applicant in writing. The Committee's notification shall include methods by which the applicant may conform with the provisions of this subchapter, if appropriate.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 20 - FARMLAND STEWARDSHIP PROGRAM › Section 2:76-20.7 - Committee feasibility plan application approval process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Following Committee coordination with other cost-share programs, the Committee shall review the feasibility plan application for program conformance.
(b) Upon verification that all eligibility criteria and other program provisions have been satisfied, the Committee shall approve, conditionally approve, or reject the feasibility plan application.
(c) In the event that the feasibility plan application is conditionally approved, the Committee shall inform the applicant of methods which the applicant may employ in order to conform with the provisions of this subchapter, if appropriate.
(d) The Committee shall promptly advise the applicant of its determination in writing.
(e) In the event that the feasibility plan application is not approved by the Committee due to lack of sufficient funding, the Committee shall retain the application for future consideration.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 20 - FARMLAND STEWARDSHIP PROGRAM › Section 2:76-20.8 - Committee evaluation process for feasibility plan applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee shall evaluate feasibility plan applications based on whether the feasibility plan will promote the long-term viability of the preserved farm.
(b) The Committee shall evaluate applications from established farmers based upon the following factors:
1. The education and experience of the established farmer;
2. The need as demonstrated by the established farmer; and
3. The geographic distribution of feasibility plan applications.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 20 - FARMLAND STEWARDSHIP PROGRAM › Section 2:76-20.9 - Qualifications of technical consultants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Persons interested in becoming technical consultants shall contact the Committee in writing.
(b) In order to be qualified as a technical consultant, each candidate shall submit to the Committee a resume reflecting their years of employment experience, education (including continuing education) and field(s) of expertise.
(c) In order to be certified as a technical consultant, each candidate shall have at least five years of employment experience in their field(s) of expertise. Candidates shall submit two employment references with their submission to the Committee.
(d) The Committee shall certify each technical consultant who satisfies the requirements in (c) above.
(e) Certified technical consultants shall be placed on the Committee's certified list in alphabetical order based on their last names.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 20 - FARMLAND STEWARDSHIP PROGRAM › Section 2:76-20.10 - Assignment of technical consultants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The certified list of technical consultants shall be divided into their categories of specialization.
(b) Subject to 2:76-20.1 1, technical consultants shall be selected and assigned to technical teams on a rotating basis from the certified list.
1. In the event the selected technical consultant(s) is unavailable for the assigned technical team, the next technical consultant on the certified list shall be assigned to the technical team.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 20 - FARMLAND STEWARDSHIP PROGRAM › Section 2:76-20.11 - Technical team assemblage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon approval of the feasibility plan application by the Committee, the Committee shall select a lead coordinator from the certified list, to assist in the assemblage of the technical team.
(b) The Committee, with the approval of the applicant and the lead coordinator, shall assemble a team of technical consultants to develop a feasibility plan.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 20 - FARMLAND STEWARDSHIP PROGRAM › Section 2:76-20.12 - Duties of the lead coordinator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The lead coordinator shall be responsible for the following:
1. Assisting the Committee in the coordination of the technical team;
2. Reviewing the feasibility plan application prior to attending the orientation meeting; and
3. Attending an orientation meeting at the farm with the applicant.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 20 - FARMLAND STEWARDSHIP PROGRAM › Section 2:76-20.13 - Duties of technical consultants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Technical consultants shall be responsible for the following:
1. Reviewing the feasibility plan application prior to attending the orientation meeting; and
2. Attending an orientation meeting at the farm with the applicant.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 20 - FARMLAND STEWARDSHIP PROGRAM › Section 2:76-20.14 - Preparation and contents of the feasibility plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee shall coordinate an orientation meeting with the applicant and the technical team at the preserved farm.
(b) If the technical team determines after the orientation meeting that the potential exists for the viability of the farm to be improved, a feasibility plan shall be prepared by the technical team.
(c) The feasibility plan shall include the following:
1. A business plan, which shall be one of the following three types:
i. A business plan as prepared by the Garden State Agricultural Re Engineering Initiative;
ii. A business plan as prepared by a New Jersey Small Business Development Center; or
iii. A business plan as prepared or approved by the technical team; and
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 20 - FARMLAND STEWARDSHIP PROGRAM › Section 2:76-20.15 - Committee feasibility plan approval process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee shall review the feasibility plan for program conformance pursuant to this subchapter.
(b) Upon verification that all eligibility criteria and other program provisions have been satisfied, the Committee shall approve or conditionally approve the feasibility plan, subject to funding limitations as set forth in N.J.A.C. 2:76-20 and available funds.
1. In the event that the feasibility plan is conditionally approved, the Committee shall inform the lead coordinator of deficiencies.
2. The lead coordinator shall review the feasibility plan with the technical team members and applicant, correct any deficiencies and forward a revised feasibility plan to the Committee.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 20 - FARMLAND STEWARDSHIP PROGRAM › Section 2:76-20.16 - Eligible farmland stewardship implementation projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applicants shall notify the Committee in writing of their desire to implement a project as recommended in the approved feasibility plan.
(b) The Committee shall approve the implementation of projects for agricultural use that are eligible for grant awards. Eligible projects include the following five program areas:
1. Capital fixed assets including agricultural buildings and markets and maintenance and improvements thereof, equipment (such as cider pasteurizers, vegetable washers, tractors and milk bottlers), brewery and winery facilities and fencing;
2. Production diversification including conversion from agriculture to aquaculture and conversion from one type of production to another (for example, dairy to vegetable production);
3. Production efficiency including on-farm recycling and composting, vehicle and computer/software acquisition, provided that the sole and exclusive use is for agricultural purposes, precision agriculture systems and integration of integrated pest management and integrated crop management technologies;
4. Site diversification and improvement including parking lot installation and wheelchair accessibility; and
5. Marketing improvements including adding value to agricultural products, first line processing, web site development and maintenance, and signage.