N.J. Admin. Code § 2:76-17A.14

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

Section 2:76-17A.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 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.

(b) The Committee's cost share for the purchase of the development easement shall be consistent with the provisions of N.J.A.C. 2:76-6.11(d). The Committee may approve a cost share grant for any farm that qualified for final approval and for which there are sufficient funds available in the municipality's base grant.

(c) In the event that there are insufficient funds available in a municipality's base grant to acquire a development easement on the farm(s) being submitted for final approval by the municipality, the municipality may request additional funding from the competitive grant fund.

(d) The Committee shall, if necessary, 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 municipality'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. 2:76-17A.5(a)2, 3, 4, 5, and 6 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 identified at N.J.A.C. 2:76-17A.4(a)2i, 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. 2:76-17A.5(a)1ii, iii, iv, v, and vi, 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:

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Formula Index X 200 = Total points

5. The total score for the eligible farm is equal to the sum of (d)1, 2, 3, and 4 above.

(e) 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 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), or by any appropriation to the Committee for farmland preservation purposes.

(f) 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 municipality and, if appropriate, the county, pursuant to N.J.A.C. 2:76-17A.20(c), subject to the following:

1. The provisions of N.J.S.A. 4:1C-32, as amended; and

2. The Garden State Preservation Trust Act, P.L. 1999, c. 152 (N.J.S.A. 13:8C-1et seq.), the Preserve New Jersey Act, P.L. 2016, c. 12 (N.J.S.A. 13:8C-43et seq.), or by any appropriation to the Committee for farmland preservation purposes.

(g) The Committee shall inform the municipality and, if appropriate, the board, of its decision.

(h) The Committee shall post on its website the status of available funds following the Committee's issuance of final approval.

N.J. Admin. Code § 2:76-17A.14

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