N.J. Admin. Code § 2:76-17.9

Current through Register Vol. 56, No. 12, June 17, 2024

Section 2:76-17.9 - Committee review of an individual farm application from an eligible farm

(a) At 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 board shall submit to the Committee the following information for any eligible farm that the board 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 board in the county comprehensive farmland preservation plan developed in accordance with N.J.A. C. 2:76-17.4(b)4, and further provided as follows:

i. A member of the board 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, 4:1C-11 et seq. and the Garden State Preservation Trust Act, 13:8C-1 et seq.

(1) "Member of the immediate family" means a member's spouse, child, parent, or sibling, residing in the same household;

5. Rank score of the farm based on the board's adopted ranking criteria;

6. Rank score of the farm based on the Committee's ranking criteria adopted pursuant to 2:76-6.1 6; and

7. Confirmation that each farm's individual rank score pursuant to N.J.A.C. 2:76-6.16meets the requirements of an eligible farm, provided that:

i. If a farm fails to meet the minimum rank score in (a)5 and 6 above and the board wishes to preserve the farm using Committee funds provided for pursuant to this subchapter, the board may request from the Committee a waiver of the minimum score criteria.

(1) The Committee may grant a waiver of the minimum score criteria upon a finding that any of the following apply:

(A) The conversion of the farm to non-agricultural use will likely cause a substantial negative impact on the public investment made in farmland preservation within the project area;

(B) The subject property is of exceptionally high agricultural resource value based on soil characteristics; or

(C) The subject property represents a unique and valuable agricultural resource to the surrounding community, and the Committee finds that it has a reasonable opportunity to remain agriculturally viable.

(b) The Committee shall conduct a review of the individual farm application and confirm that it is complete and accurate and that it otherwise meets the criteria of (a) above.

1. If an individual farm application is determined to be complete and meets the criteria as set forth in (a) above, the Committee shall notify the board in writing that the application is approved and that appraisals may commence pursuant to N.J.A.C. 2:76-17.10.

2. If an individual farm application is determined to be incomplete, the Committee shall notify the board in writing to address the deficiencies.

i. Upon receipt and review of an amended individual farm application that is determined to be complete and meets the criteria as set forth in (a) above, the Committee shall notify the board in writing that the application is approved and that appraisals may commence pursuant to N.J.A.C. 2:76-17.10.

N.J. Admin. Code § 2:76-17.9

Amended by 52 N.J.R. 1549(a), effective 8/3/2020