N.J. Admin. Code § 2:76-17.14
Current through Register Vol. 56, No. 24, December 18, 2024
Section 2:76-17.14 - Final committee review(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.(b) The Committee's cost share for the purchase of the development easement shall be consistent with the provisions of N.J.A.C. 2:76-6.1 1(d).(c) The Committee shall approve a cost share grant for any farm that qualified for final approval and for which there are sufficient funds available in the county's base grant.(d) In the event that there are insufficient funds available in a county's base grant to acquire a development easement on the farm(s) being submitted for final approval by any board, the board may request additional funding from the competitive grant fund.(e) The Committee shall establish a priority ranking that will prioritize applications for grants from the competitive grant fund based on the number of cumulative points awarded according to the following criteria, subject to a county's maximum funding eligibility and available funding: 1. The density score of the project area, expressed as the ratio between the total area of the properties listed at N.J.A.C. 2:76-17.5(a)2, 3, 4, and 5 and the total area of the project area, is determined as follows: | Density ratio |
| 90 to 100 percent | 50 points |
| 80 to <90 percent | 40 points |
| 60 to <80 percent | 30 points |
| 40 to <60 percent | 20 points |
| 20 to <40 percent | 10 points |
| <20 percent | 0 points |
2. The soil productivity score of the important farmland soils present on targeted farms within the project area, expressed as the ratio between the total area of the important farmland soils listed at N.J.A.C. 2:76-17.4(b)2 i, ii, and iii and the total area of the targeted farms within the project area, is determined as follows: | Soil productivity ratio |
| 90 to 100 percent | 50 points |
| 80 to <90 percent | 40 points |
| 60 to <80 percent | 30 points |
| 40 to <60 percent | 20 points |
| 20 to <40 percent | 10 points |
| <20 percent | 0 points |
3. The proximity score of the eligible farm in relation to lands from which development easements have already been purchased or other permanently deed restricted farmlands within the project area, as identified at N.J.A.C. 2:76-17.5(a)2, 3, 4, and 5, is determined as follows: | Distance |
| Contiguous | 50 points |
| <500 feet | 40 points |
| 500 to 1000 feet | 30 points |
| >1000 to 2500 feet | 20 points |
| >2500 to 5000 feet | 10 points |
| >5000 feet | 0 points |
4. The relative best buy score of the farm is determined as follows: | nonagricultural development value | - | agricultural value | - | landowner's asking price |
| -------------------------------------------------------- | = | Formula Index |
| nonagricultural development value | - | agricultural value |
| Formula Index 200 = Total points |
5. The total score for the eligible farm is equal to the sum of (e)1, 2, 3, and 4 above.(f) If further prioritization is necessary, the Committee shall give funding priority to those farms that utilize option agreements, installment purchases, donations, or other methods for the purpose of leveraging monies made available by the Garden State Preservation Trust Act, P.L. 1999, c. 152 (N. J.S.A. N.J.S.A. 13:8C-1 et seq.), the Preserve New Jersey Act, P.L. 2016, c. 12 (N.J.S.A. 13:8C-43), or by any appropriation to the Committee for farmland preservation purposes.(g) In the event that the approval requires a schedule of installment payments, the Committee shall enter into an agreement for the provision of grant funds with the county subject to the following: 1. The provisions of N.J.S.A. 4:1C-32, as amended; and2. The Garden State Preservation Trust Act, P.L. 1999, c. 152 (N.J.S.A. 13:8C-1 et seq.), the Preserve New Jersey Act, P.L. 2016, c. 12 (N.J.S.A. 13:8C-43 et seq.), or by any appropriation to the Committee for farmland preservation purposes.(h) The Committee shall inform the board of its decision.(i) The Committee shall post on its website the status of available funds following the Committee's actions. N.J. Admin. Code § 2:76-17.14
Amended by 52 N.J.R. 1549(a), effective 8/3/2020