reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 12 - NONPROFIT ACQUISITION PROJECTS: PROJECT ELIGIBILITY, CONDITIONS AND LIMITATIONS › Section 2:76-12.1 - 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:
"Agricultural use" means the use of the land for common farmsite activities including, but not limited to: production, harvesting, storage, grading, packaging, processing and the wholesale and retail marketing of crops, plants, animals and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease and pest control, disposal of farm waste, irrigation, drainage and water management, and grazing.
"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 interest represents the right to develop that land for all nonagricultural purposes and which interest may be transferred under laws authorizing the transfer of development potential.
"Farmland" means land identified as having prime or unique soils as classified by the Natural Resources Conservation Service in the United States Department of Agriculture, having soils of Statewide importance according to criteria adopted by the State Soil Conservation Committee, established pursuant to 4:24-3, or having soils of local importance as identified by local soil conservation districts, and which land qualifies for differential property taxation pursuant to the "Farmland Assessment Act of 1964," P.L. 1964, c.48 (54:4-23.1 et seq.), and any other land on the farm that is necessary to accommodate farm practices as determined by the State Agriculture Development Committee.
"Garden State Preservation Trust" means the Garden State Farmland Preservation Trust established pursuant to section 20 of the Garden State Preservation Trust Act, 13:8C-1 et seq., P.L. 1999, c. 152.
"Nonprofit" means a nonprofit organization that is exempt from Federal taxation pursuant to section 501(c)(3) of the Federal Internal Revenue Code, 26 U.S.C. §
										501(c)(3), and which qualifies for a grant pursuant to the Garden State Preservation Trust Act, 13:8C-42, P.L. 1999, c. 152.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 12 - NONPROFIT ACQUISITION PROJECTS: PROJECT ELIGIBILITY, CONDITIONS AND LIMITATIONS › Section 2:76-12.2 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee may provide a grant to a nonprofit for up to 50 percent of the cost of acquisition of development easements on farmland or up to 50 percent of the cost of acquisition of fee simple titles to farmland from willing sellers.
(b) The Committee shall establish a maximum funding limit per project or per applicant based on available funds and project priorities established pursuant to criteria contained at 2:76-6.1 6. There is no minimum or maximum grant request amount. Any funding awarded by the Committee is subject to approval by the Garden State Preservation Trust and legislative appropriation.
(c) A nonprofit may use as its matching share of the cost of acquisition its own funds or a donation of all or a portion of the eligible development easement cost or fee simple acquisition of the land cost of the project site.
(d) A nonprofit shall not use as its matching share of the cost of acquisition either:
1. The value of lands that the nonprofit owns at the time of application for Committee funding;
2. The value of lands that were acquired with funds obtained under the Committee or any other State grant or loan program for the purpose of acquiring land; or
3. Funds obtained under the Committee or any other State grant or loan program for the purpose of acquiring a development easement on farmland or fee simple title to farmland.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 12 - NONPROFIT ACQUISITION PROJECTS: PROJECT ELIGIBILITY, CONDITIONS AND LIMITATIONS › Section 2:76-12.3 - Eligible projects

Current through Register Vol. 56, No. 14, July 15, 2024
The purchase of development easements on farmland or the purchase of fee simple title to farmland, pursuant to 13:8C-39, are eligible for acquisition with Committee funding, subject to 2:76-12.4 and the criteria contained at 2:76-6.2 0.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 12 - NONPROFIT ACQUISITION PROJECTS: PROJECT ELIGIBILITY, CONDITIONS AND LIMITATIONS › Section 2:76-12.4 - Ineligible projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following acquisition projects are not eligible for Committee funding:
1. Any lands not located in an agricultural development area;
2. Any lands which do not qualify for differential property tax assessment pursuant to the Farmland Assessment Act of 1964, 54:4-23.1 et seq.;
3. Any lands which are permanently restricted by an easement which is not consistent with 2:76-6.1 5, unless approved by the Committee;
4. Any land that is, or is intended to be, used for other than an agricultural use as defined at 2:76-12.1;
5. Any lands or development easement that was acquired prior to the enactment of the Garden State Preservation Trust Act, 13:8C-1 et seq., P.L. 1999, c. 152; and
6. Any lands or development easement that was held by the nonprofit for more than three years.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 12 - NONPROFIT ACQUISITION PROJECTS: PROJECT ELIGIBILITY, CONDITIONS AND LIMITATIONS › Section 2:76-12.5 - Donations toward the cost of acquisition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee shall not treat as a donation any donation accepted prior to approval of an application for Committee funding under 2:76-13.4, unless approved by the Committee.
(b) The Committee shall not treat as a donation any donation of land which is not part of the approved project.
(c) The Committee shall not treat as a donation the reduction in the cost of acquisition resulting from negotiation between the nonprofit and the property owner, unless approved by the Committee.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 12 - NONPROFIT ACQUISITION PROJECTS: PROJECT ELIGIBILITY, CONDITIONS AND LIMITATIONS › Section 2:76-12.6 - Allowable project costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following costs are allowable, provided the costs are incurred in conformance with all applicable laws:
1. Costs which the nonprofit incurs to acquire farmland in fee simple title or to acquire a development easement based on the Committee's approved grant;
2. Costs which the nonprofit incurs for any appraisal obtained in accordance with 2:76-13.5;
3. Costs which the nonprofit incurs for surveys necessary for the acquisition of a development easement or the acquisition of fee simple title to farmland; and
4. Costs which the nonprofit incurs for obtaining a title search and title insurance.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 13 - NONPROFIT ACQUISITION PROJECTS: APPLICATION PROCESS › Section 2:76-13.1 - Timing

Current through Register Vol. 56, No. 14, July 15, 2024
A nonprofit may submit an application for Committee funding within 90 days after the date of publication of a notice of availability of grant funds in the New Jersey Register.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 13 - NONPROFIT ACQUISITION PROJECTS: APPLICATION PROCESS › Section 2:76-13.2 - Pre-application procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee encourages nonprofits to request a pre-application conference with the Committee as early as possible, prior to application submission, to discuss project eligibility, award criteria and application requirements.
(b) A nonprofit that enters into a purchase or option contract with an owner of land prior to receiving Committee approval is not precluded from submitting an application to the Committee, but shall proceed at its own risk.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 13 - NONPROFIT ACQUISITION PROJECTS: APPLICATION PROCESS › Section 2:76-13.3 - Application requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A nonprofit shall submit an application containing all of the following:
1. A completed application form, provided by the Committee, that identifies the nonprofit; lists the project location; contains a brief description of the project and an estimate of the funding request amount; identifies the nonprofit's contact person for the project; and contains the certification of the person authorized by the enabling resolution required under (a)2 below to submit the application.
i. The nonprofit shall base the estimated funding request amount on the present market value or anticipated purchase price of the project site and not solely on the tax assessed value of the project site. The nonprofit shall include estimated survey, appraisal, and preliminary assessment costs, and estimated costs of building demolition, if applicable;
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 13 - NONPROFIT ACQUISITION PROJECTS: APPLICATION PROCESS › Section 2:76-13.4 - Approval or denial of application; award of funding; procedural letter

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of an application containing all the information required under 2:76-13.3, the Committee shall determine if the project is eligible for funding in accordance with the requirements of 2:76-12.3, and, based on the preliminary ranking of the project under 2:76-6.1 6, the Committee shall approve or deny the application.
(b) If the application is approved, the Committee shall notify the nonprofit in writing of the amount of the Committee's funding award.
(c) If the application is denied, the Committee shall notify the nonprofit in writing.
(d) After the notification of the funding award under (b) above, the Committee shall send the nonprofit a procedural letter that directs the nonprofit to:
1. Obtain and submit to the Committee the appraisals required under 2:76-13.5; and
2. For lands to be acquired in fee simple title, obtain a preliminary assessment of the project site and submit to the Committee the preliminary assessment report. Upon receipt of the preliminary assessment report, the Committee shall determine if the report contains the information required under the Technical Requirements for Site Remediation, N.J.A.C. 7:26E, and shall notify the nonprofit as follows:
i. If the preliminary assessment report does not contain the required information, the Committee shall send the nonprofit a deficiency letter identifying the information that must be submitted. The nonprofit shall submit the information by the date specified in the letter.
ii. If the preliminary assessment report contains the required information and does not identify any areas of concern, as defined under the Technical Requirements for Site Remediation, the Committee shall send the nonprofit a letter acknowledging the sufficiency of the preliminary assessment report. The chief executive officer of the nonprofit shall certify, on a form provided by the Committee with the sufficiency letter, that the nonprofit has reviewed the preliminary assessment report and determined to proceed with the acquisition of the project site. The nonprofit shall return the certification to the Committee within 30 days of the date of the sufficiency letter.
iii. If the preliminary assessment report contains the required information and identifies one or more areas of concern, as defined under the Technical Requirements for Site Remediation, the Committee shall send a letter notifying the nonprofit that the areas of concern must be addressed to the Committee's satisfaction before the nonprofit acquires the project site.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 13 - NONPROFIT ACQUISITION PROJECTS: APPLICATION PROCESS › Section 2:76-13.5 - Appraisal procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The nonprofit shall obtain two appraisals as follows:
1. The nonprofit shall request a meeting with Committee staff to discuss the selection and hiring of two appraisers and the scope of work;
2. The nonprofit shall select two appraisers from the list of appraisers adopted by the Committee pursuant to 2:76-6.7 to conduct independent appraisals to determine the fair market value of the development easement or fair market value of the fee simple estate;
3. All appraisals shall be prepared pursuant to the Garden State Preservation Trust Act, 13:8C-38, P.L. 1999, c. 152, the Committee's Appraisal Handbook Standards at N.J.A.C. 2:76-10 and the Committee's Appraisal Handbook;
4. The nonprofit shall request a meeting with Committee staff and the appraisers to discuss the scope of work and to visit the project site, prior to starting the appraisal(s); and
5. The nonprofit shall submit to the Committee one copy of each completed appraisal.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 14 - NONPROFIT ACQUISITION PROJECTS: AWARD CRITERIA › Section 2:76-14.1 - Project award criteria

Current through Register Vol. 56, No. 14, July 15, 2024
The Committee shall rank an application after it has received the application under 2:76-13.3 according to the criteria contained at 2:76-6.1 6.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 15 - NONPROFIT ACQUISITION PROJECTS: DETERMINATION OF ELIGIBLE LAND COST › Section 2:76-15.1 - Determination of eligible land cost

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee shall determine the sufficiency of any appraisals submitted under 2:76-13.5 and shall notify the nonprofit in writing of any deficiencies that prevent a certification of fair market value of the development easement or the fair market value of the fee simple estate.
(b) The Committee shall determine the eligible land cost for each parcel within a project site as follows:
1. If the difference between the two appraisal values is greater than 10 percent of the higher appraisal value, the eligible land cost shall be determined based upon the following:
i. The Committee shall appoint a review appraiser to evaluate the appraisals submitted by the nonprofit to recommend a fair market value pursuant to the appraisal handbook standards at N.J.A.C. 2:76-10. The Committee shall have final authority for certifying the fair market value of the development easement or fair market value of the fee simple estate.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 15 - NONPROFIT ACQUISITION PROJECTS: DETERMINATION OF ELIGIBLE LAND COST › Section 2:76-15.2 - Acceptance of eligible land cost

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 60 days after the nonprofit receives from the Committee the statement of eligible land cost or negotiated offer pursuant to 2:76-15.1, the nonprofit shall submit to the Committee a letter stating that the nonprofit has reviewed and accepts the eligible land cost or negotiated offer of the parcel and that the nonprofit has the ability and intention to finance the cost of the parcel, should such cost exceed the amount of Committee funding.
(b) Receipt by the Committee of the letter submitted under (a) above constitutes the nonprofit's acceptance of the eligible land cost or Committee's negotiated offer.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 15 - NONPROFIT ACQUISITION PROJECTS: DETERMINATION OF ELIGIBLE LAND COST › Section 2:76-15.3 - Supplemental funding

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A nonprofit may request, in writing, supplemental funding for a project if it has accepted the eligible land cost under 2:76-15.2 and if the eligible land cost exceeds the grant amount awarded under 2:76-13.4.
(b) Provided sufficient funds are available, the Committee shall increase the amount of funding for a project in response to a request submitted under (a) above to cover 50 percent of the eligible land cost, development easement costs, or negotiated offer and allowable costs under 2:76-12.6.
(c) The Committee and the nonprofit shall execute an amendment to the project agreement in accordance with 2:76-16.1 to reflect any supplemental funding provided under this section.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 16 - NONPROFIT ACQUISITION PROJECTS: PROJECT AGREEMENT, NEGOTIATIONS FOR PURCHASE OF PROJECT SITE, DISBURSEMENTS, ACCOUNTING AND RECORDKEEPING REQUIREMENTS › Section 2:76-16.2 - Negotiations for purchase of project site

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless the nonprofit has already entered into a purchase or an option contract with the property owner, the nonprofit may enter into a purchase or option contract with the property owner after the nonprofit accepts the eligible land cost or negotiated offer under 2:76-15.2.
(b) Any person who performed an appraisal under 2:76-13.5 of any parcel in the project site shall not conduct negotiations for such parcel.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 16 - NONPROFIT ACQUISITION PROJECTS: PROJECT AGREEMENT, NEGOTIATIONS FOR PURCHASE OF PROJECT SITE, DISBURSEMENTS, ACCOUNTING AND RECORDKEEPING REQUIREMENTS › Section 2:76-16.3 - Disbursement of grant

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee shall disburse the grant in advance of closing or as reimbursement after closing.
(b) If the nonprofit seeks payment in advance of closing, it shall submit its request at least 60 days before the scheduled date of closing.
(c) For each parcel of land in the project site for which payment is requested, the nonprofit shall submit:
1. For payment in advance of closing, the following:
i. A copy of the contract of sale;
ii. A land survey plan, prepared in accordance with the Committee's Survey Contract Standards, rules of the State Board of Professional Engineers and Land Surveyors at N.J.A.C. 13:40-5, showing acreage, tax map references (blocks and lots) current as of the date of the plan, all easements of record, fences, improvements, encroachments, water courses, wetlands, and pertinent natural features, submitted on paper (two copies) and in a format compatible with the Mapping and Digital Data Standards at N.J.A.C. 7:1, Appendix A, incorporated herein by reference;
iii. Two copies of the metes and bounds description, stating acreage, corresponding to the survey required under (c)1ii above, submitted on the surveyor's letterhead, and signed and sealed by the surveyor;
iv. A copy of the title insurance binder, with copies of the deed of record and of all easements, restrictions, and other instruments of record as attachments. The binder must name the Committee as additional insured;
v. A copy of each canceled check (both sides), voucher, or invoice for appraisal, preliminary assessment, and survey costs;
vi. A Nonprofit Acquisition Payment Form, which the Committee provides with the statement of eligible land cost under 2:76-15.1, with the following items completed:
(1) The project name, block(s) and lot(s), name of nonprofit, municipality, and county;
(2) An itemized statement of the cost of acquisition of the parcel; and
(3) A certification by the nonprofit's chief executive officer or chief financial officer that the information contained in the form is accurate and that no bonus has been given or received in connection with any bill for which the nonprofit seeks payment; and
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 16 - NONPROFIT ACQUISITION PROJECTS: PROJECT AGREEMENT, NEGOTIATIONS FOR PURCHASE OF PROJECT SITE, DISBURSEMENTS, ACCOUNTING AND RECORDKEEPING REQUIREMENTS › Section 2:76-16.4 - Accounting and recordkeeping

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The nonprofit shall maintain and make available to the Committee for inspection on request all financial documents and records related to the project for three years in accordance with (d) below.
(b) The nonprofit, its contractors, and subcontractors shall employ generally accepted accounting procedures that adequately identify the costs associated with the Committee grant.
(c) The nonprofit shall maintain separate records for each project including the amount, receipt, and disposition of all funding received for the project, including the Committee's grants, contributions, gifts, or donations from any other sources.
(d) The nonprofit shall provide a duly authorized representative of the Committee access to all records, books, documents, and papers pertaining to the project agreement and/or the approved project for audit, examination, excerpt, and transcript purposes. Such records shall be maintained and access shall be provided during performance of the project and for three years after the latter date of either final payment or audit resolution. The nonprofit shall include this requirement in all project-related contracts.
(e) The nonprofit shall conduct annual audits and submit audit reports in conformance with the Single Audit Act of 1984, P.L. 98-502 and the Single Audit Act Amendments of 1996, P.L. 104-156, Federal OMB Circular A-133; "Audits of Nonprofit Organizations," incorporated herein by reference, and State OMB Circular 98-07: "Single Audit Policy," incorporated herein by reference.
1. Audit reports shall address nonprofit's compliance and all specific instances of noncompliance with the material terms and conditions of the project agreement and applicable laws and regulations.
2. Audit reports shall contain an itemized schedule of all project-related financial assistance received by the nonprofit identifying: grantor agency, program title, State account number, and total disbursement.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 16 - NONPROFIT ACQUISITION PROJECTS: PROJECT AGREEMENT, NEGOTIATIONS FOR PURCHASE OF PROJECT SITE, DISBURSEMENTS, ACCOUNTING AND RECORDKEEPING REQUIREMENTS › Section 2:76-16.5 - Monitoring

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any lands from which a development easement was acquired or lands purchased in fee simple title by a nonprofit with a grant provided by the Committee shall be monitored by the nonprofit as follows:
1. An onsite inspection shall be performed at least once a year;
2. All inspections and monitoring shall be completed within the period commencing July 1 and ending June 30;
3. A written summary shall be provided to the Committee by July 15, verifying that the inspections were conducted during the scheduled period with a certification concerning whether the farm was in compliance with the provisions of the deed of easement;
4. The Committee shall be notified if any of the terms and conditions of the deed of easement were violated within 30 days of identifying such violation; and
5. Appropriate actions shall be taken within the nonprofit's authority to ensure that the terms and conditions of the deed of easement are enforced.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 17 - COUNTY PLANNING INCENTIVE GRANTS › Section 2:76-17.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter implements 4:1C-43.1 by establishing a county farmland preservation planning incentive grant program. The rules describe the procedures that the State Agriculture Development Committee shall follow to provide grants to eligible counties, which grants shall be for the purpose of preserving a significant area of reasonably contiguous farmland that will promote the long-term economic viability of agriculture as an industry in a county.
(b) A board that submits an annual planning application to the Committee pursuant to this subchapter shall not be eligible to apply for a grant under the county easement purchase program pursuant to N.J.A.C. 2:76-6, for the same funding cycle.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 17 - COUNTY PLANNING INCENTIVE GRANTS › Section 2:76-17.3 - Prerequisites for grant eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A county seeking to establish its eligibility for a grant under this subchapter shall establish or develop the following:
1. A board that shall serve as the agricultural advisory committee;
2. A comprehensive farmland preservation plan; and
3. A dedicated source of funding for farmland preservation pursuant to P.L. 1997, c. 24 (40:12-15.1 et seq.), or an alternative means of funding for farmland preservation, including, but not limited to:
i. A dedicated tax pursuant to P.L. 1997, c. 24 (40:12-15 );
ii. Repeated, continuing annual appropriations; or
iii. Repeated issuance of bonded indebtedness.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 17 - COUNTY PLANNING INCENTIVE GRANTS › Section 2:76-17.4 - County comprehensive farmland preservation plan

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A comprehensive farmland preservation plan shall include, at a minimum, the following components:
1. A complete description of the county's agricultural resource base and industry trends;
2. A complete description of the county's past and future farmland preservation program activities, including program goals and objectives, and any proposed farmland preservation program project areas;
3. A complete description of the land use planning context for farmland preservation initiatives including identification of the county's adopted ADA, and consistency of the county's farmland preservation program with local, county, regional, and State planning and conservation efforts; and
4. A complete discussion of actions the county has taken, or plans to take, to promote agricultural economic development in order to sustain the agricultural industry.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 17 - COUNTY PLANNING INCENTIVE GRANTS › Section 2:76-17.5 - Project area inventory

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For each project area designated within the county's comprehensive farmland preservation plan for which the county intends to seek Committee funding, the board shall prepare a project area inventory. The inventory, which may be submitted as electronic spatial data files, shall identify the number of farms or properties, and their individual and aggregate acreage, for each of the following categories of land within the project area:
1. Targeted farms;
2. Lands for which an individual farm application has been granted final approval by the municipality, board, and/or the Committee pursuant to the Agriculture Retention and Development Act, as amended, and the Garden State Preservation Trust Act;
3. Lands from which development easements have already been purchased;
4. Other land permanently deed restricted for agricultural use;
5. Lands enrolled in a term farmland preservation program or municipally approved farmland preservation program; and
6. Other permanently preserved lands dedicated for open space purposes that are compatible with agriculture, as approved by the Committee;
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 17 - COUNTY PLANNING INCENTIVE GRANTS › Section 2:76-17.6 - Annual planning application procedures and requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All annual planning applications shall be received by the Committee no later than December 15 of each year preceding the funding cycle for which planning incentive grant program funding is sought.
1. The board's initial annual planning application shall include a copy of the county's comprehensive farmland preservation plan and all applicable project area inventories pursuant to N.J.A.C. 2:76-17.4 and 17.5.
2.In any subsequent year, the board's annual planning application shall include the following:
i. A copy of the county's comprehensive farmland preservation plan, as amended if appropriate;
ii. Project area inventories; and
iii. A report summarizing:
(1) The status of the purchase of development easements from all active individual farm applications;
(2) The expenditure of Committee funds previously allocated pursuant to N.J.A.C. 2:76-17.8;
(3) Amendments to board farmland preservation policies, county funding availability, and estimates of easement purchase cost on all targeted farms; and
(4) Updates to contact information for the planning incentive grant administrator and board members.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 17 - COUNTY PLANNING INCENTIVE GRANTS › Section 2:76-17.7 - Committee review of annual planning applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 60 days of receipt thereof, the Committee shall review and evaluate the board's annual planning application submitted pursuant to N.J.A.C. 2:76-17.6as follows:
1. The Committee shall determine whether all of the components of the comprehensive farmland preservation plan are fully addressed and complete;
2. The Committee shall determine for each designated project area, whether the project area inventory is complete and technically accurate;
3. The Committee shall approve the annual planning application if it finds that the application is complete and accurate, and that it is designed to preserve a significant area of reasonably contiguous farmland that will promote the long-term economic viability of agriculture as an industry.
i. Funding eligibility shall be established pursuant to 2:76-17.8.
ii. The Committee shall notify the board of its decision in writing; and
4. If the Committee finds that the comprehensive farmland preservation plan and/or the project area inventories are not complete and accurate, it may grant conditional approval of the annual planning application.
i. The Committee shall notify the board of its decision in writing, setting forth the deficiencies in the application and the information required to cure the deficiencies.
ii. The board shall provide the required information to the Committee within 60 days of receiving notification of the submission deficiencies.
iii. Upon receipt of the required information, the Committee shall review the information within 60 days of receipt thereof and, if appropriate, grant approval pursuant to this section.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 17 - COUNTY PLANNING INCENTIVE GRANTS › Section 2:76-17.8 - Annual funding eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For each county planning incentive grant funding cycle, the Committee shall establish the amount of the base grant available to each county that has received approval of an annual planning application pursuant to the following:
1. The Committee shall review the county's performance over the previous three funding cycles to determine if the county has expended State cost share funds on a timely basis. The degree to which the county has expended all previously allocated grant funding will determine to what extent the county is eligible to receive the minimum annual base grant for the next funding cycle according to the following:
i. If the county has expended at least 50 percent of the total grant funds appropriated to the county in the previous three funding cycles, the county is eligible for 100 percent of the maximum base grant available to it;
ii. If the county has expended at least 25 percent, but less than 50 percent of the total grant funds appropriated to the county in the previous three funding cycles, the county is eligible for 50 percent of the maximum base grant available to it; or
iii. If the county has expended less than 25 percent of the total grant funds appropriated to the county in the previous three funding cycles, the county is ineligible for a base grant award.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 17 - COUNTY PLANNING INCENTIVE GRANTS › Section 2:76-17.10 - 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. 2:76-17.9(b), the county 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 county 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 to the appraisers.
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 17 - COUNTY PLANNING INCENTIVE GRANTS › Section 2:76-17.11 - 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 2:76-17.9(b).
(b) 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 farm. The review appraisal shall be conducted in accordance with the appraisal standards contained at 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 county.
(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 17 - COUNTY PLANNING INCENTIVE GRANTS › Section 2:76-17.12 - Landowner offer

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 30 days of receipt of the Committee's certification of the market value of the development easement, the county shall report the certified value to the landowner.
1. The county 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 2:76-17.1 1.
2. If applicable, the county 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 17 - COUNTY PLANNING INCENTIVE GRANTS › Section 2:76-17.13 - Final board review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The board 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 county and each level of government that is providing funding, as evidenced by an adopted resolution of each governing body.
i. In the event that municipal funding is not being provided, the municipality, by resolution, must approve of the purchase of the development easement.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 17 - COUNTY PLANNING INCENTIVE GRANTS › Section 2:76-17.14 - 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 county for compliance with all applicable statutes, rules and regulations and policies.
1. The Committee shall confirm receipt of appropriate resolutions from the board, the governing body of the county and governing body of the municipality approving of the purchase of a development easement and dedicating sufficient funds to account for local cost share, if appropriate.
2. The Committee shall confirm receipt of the agreement between the county and the landowner.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 17 - COUNTY PLANNING INCENTIVE GRANTS › Section 2:76-17.15 - 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 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 17 - COUNTY PLANNING INCENTIVE GRANTS › Section 2:76-17.16 - Terms, contingencies and conditions of purchase

Current through Register Vol. 56, No. 14, July 15, 2024
Terms, contingencies and conditions of purchase shall be consistent with the provisions of 2:76-6.1 3.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 17A - MUNICIPAL PLANNING INCENTIVE GRANTS › Section 2:76-17A.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter implements 4:1C-43.1 by establishing a municipal farmland preservation planning incentive grant program. The rules describe the procedures that the State Agriculture Development Committee shall follow to provide grants to eligible municipalities, which grants shall be for the purpose of preserving a significant area of reasonably contiguous farmland that will promote the long-term economic viability of agriculture as an industry in a municipality.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 17A - MUNICIPAL PLANNING INCENTIVE GRANTS › Section 2:76-17A.3 - Prerequisites for grant eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A municipality seeking to establish its eligibility for a grant under this subchapter shall:
1. Establish an agricultural advisory committee appointed by the mayor with the consent of the municipal governing body. The municipal agricultural advisory committee shall report to the municipal planning board.
i. A municipal agricultural advisory committee shall be composed of at least three, but not more than five, residents of the municipality, with a majority of the members actively engaged in farming and owning a portion of the land they farm; and
ii. A member of the agricultural advisory committee or a member of his or her immediate family, is prohibited from selling or applying to sell a development easement on his or her property or from selling or applying to sell his or her property in fee simple title pursuant to the Agriculture Retention and Development Act, N.J.S.A. 4:1C-11 et seq., and the Garden State Preservation Trust Act, N.J.S. A. 13:8C-1 et seq., if such property is located in the municipality for which the landowner serves as a member of the agricultural advisory committee.
(1) "Member of the immediate family" means a member's spouse, child, parent, or sibling, residing in the same household; and
iii. The agricultural advisory committee shall meet at least two times annually in compliance with the Senator Byron M. Baer Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 17A - MUNICIPAL PLANNING INCENTIVE GRANTS › Section 2:76-17A.5 - Project area inventory

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For each project area designated within the municipality's farmland preservation plan for which the municipality intends to seek Committee funding, the municipality shall prepare a project area inventory. The inventory, which may be submitted as electronic spatial data files, shall identify the number of farms or properties, and their individual and aggregate acreage, for each of the following categories of land within the project area:
1. Targeted farms;
2. Lands for which an individual farm application has been granted final approval by the municipality, board, and/or the Committee pursuant to the Agriculture Retention and Development Act, as amended, and the Garden State Preservation Trust Act;
3. Lands from which development easements have already been purchased;
4. Other lands permanently deed-restricted for agricultural use;
5. Lands enrolled in a term farmland preservation program or municipally approved farmland preservation program; and
6. Other permanently preserved lands dedicated for open space purposes that are compatible with agriculture, as approved by the Committee;
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 17A - MUNICIPAL PLANNING INCENTIVE GRANTS › Section 2:76-17A.6 - Annual planning application procedures and requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All annual planning applications shall be received by the Committee no later than December 15 of each year preceding the funding cycle for which planning incentive grant program funding is sought, subject to the following:
1. The municipality's initial annual planning application shall include a copy of the municipality's comprehensive farmland preservation plan and all applicable project area inventories, pursuant to N. J.A.C. 2:76-17A.4 and 17A.5.
2. In any subsequent year, the municipality's annual planning application shall include the following:
i. A copy of the municipality's comprehensive farmland preservation plan, as amended, if appropriate;
ii. Project area inventories;
iii. A report summarizing:
(1) The status of the purchase of development easements on all active individual farm applications;
(2) The expenditure of Committee funds previously available pursuant to N.J.A.C. 2:76-17A.8;
(3) Amendments to municipal farmland preservation policies, funding availability, and estimates of easement purchase cost on all targeted farms;
(4) Updates to contact information for the planning incentive grant administrator and agricultural advisory committee members; and
iv. Copies of minutes of the agricultural advisory committee meetings held in compliance with N.J.A. C. 2:76-17A.3(a)1iv.
3. Each year's annual planning application shall be accompanied by a resolution of support from the governing body, and documentation of the agricultural advisory committee's review of the proposed application.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 17A - MUNICIPAL PLANNING INCENTIVE GRANTS › Section 2:76-17A.7 - Committee review of annual planning applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 60 days of receipt thereof, the Committee shall review and evaluate the municipality's annual planning application submitted pursuant to N.J.A.C. 2:76-17A.6as follows:
1. The Committee shall determine whether all of the components of the comprehensive farmland preservation plan are fully addressed and complete; and
2. The Committee shall determine, for each designated project area, whether the project area inventory is complete and technically accurate.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 17A - MUNICIPAL PLANNING INCENTIVE GRANTS › Section 2:76-17A.8 - Annual funding eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For each municipal planning incentive grant funding cycle, the Committee shall establish the amount of the base grant available to each municipality that has received approval of an annual planning application, pursuant to the following:
1. The Committee shall review the municipality's performance over the previous three funding cycles to determine if the municipality has expended State cost share funds on a timely basis. The degree to which the municipality has expended all previously allocated grant funding will determine to what extent the municipality is eligible to receive the minimum annual base grant for the next funding cycle according to the following:
i. If the municipality has expended at least 50 percent of the total grant funds appropriated to the municipality in the previous three funding cycles, the municipality is eligible for 100 percent of the maximum base grant available to it;
ii. If the municipality has expended at least 25 percent, but less than 50 percent of the total grant funds appropriated to the municipality in the previous three funding cycles, the municipality is eligible for 50 percent of the maximum base grant available to it; or
iii. If the municipality has expended less than 25 percent of the total grant funds appropriated to the municipality in the previous three funding cycles, the municipality is ineligible for a base grant award.