N.J. Admin. Code § 2:76-17A.12

Current through Register Vol. 56, No. 19, October 7, 2024

Section 2:76-17A.12 - Landowner offer

(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.

(b) Within 60 days of the landowner's receipt of the Committee's certification of market value of the development easement, the landowner shall submit, in writing, an acceptance or rejection of the offer. A copy of the acceptance or rejection shall be provided to the Committee.

1. An offer by a landowner requesting to sell his or her development easement for a value that is greater than the higher of the two independent appraised development easement values determined pursuant to N.J.S.A. 4:1C-31.c, and 13:8C-1 et seq., P.L. 1999, c. 152, and N.J.A.C. 2:76-17A.11shall be deemed a rejection of the offer.

2. IIf the landowner accepts the municipality's offer, and the development easement is to be held by the county, the municipality shall cause the preparation of an agreement between the landowner and the municipality and/or county, contingent upon the municipality's final review pursuant to N.J. A.C. 2:76-17A.13, the Committee's final review pursuant to N.J.A.C. 2:76-17A.14, and the board's final approval. A copy of the agreement shall be provided to the Committee, if requested, and to the board.

i. If the development easement is to be held by the Committee, the municipality shall request the Committee to prepare an agreement between the landowner and the Committee contingent on all appropriate final reviews pursuant to (b)2 above. A copy of the agreement shall be provided to the municipality.

3. If a landowner rejects an offer for an amount equal to or greater than the certified market value, the Committee shall not accept for processing any individual farm application or application for sale of land in fee simple pursuant to the planning incentive grant program or any other farmland preservation program authorized pursuant to N.J.S.A. 4:1C-11et seq., 13:1C-1 et seq., or 13:8C-43 et seq., for two years from the date that the municipality originally submitted an individual farm application. This provision applies only to an application from the same landowner for the same farm property.

N.J. Admin. Code § 2:76-17A.12

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