N.J. Admin. Code § 2:76-17A.2

Current through Register Vol. 56, No. 12, June 17, 2024
Section 2:76-17A.2 - Definitions

As used in this subchapter, the following words and terms shall have the following meanings:

"Agricultural Advisory Committee" (AAC) means the committee established pursuant to N.J.S.A. 4:1C-43.1.

"Agricultural Development Area" or "ADA" means an area identified by a county agriculture development board pursuant to the provisions of 4:1C-18 and certified by the State Agriculture Development Committee.

"Annual planning application" means the formal submission of a planning incentive grant program application by the municipality to the Committee. The application shall include a copy of the county's adopted comprehensive farmland preservation plan and a project area inventory for each project area submitted for approval, and other information required by the Committee.

"Base grant" means the minimum amount of SADC funding that will be allocated to each municipality that has received approval of an annual planning application submitted pursuant to N.J. A.C. 2:76-17A.7.

"Board" means a county agriculture development board established pursuant to N.J.S.A. 4:1C-14.

"Committee" or "SADC" means the State Agriculture Development Committee established pursuant to 4:1C-4.

"Competitive grant fund" means an amount of money identified by the Committee each funding cycle, which the SADC may award on a competitive basis to municipalities that have received approval of an annual planning application and obligated all of their previously allocated base grant funding.

"Eligible farm" means a targeted farm included within an SADC-approved project area that is deemed eligible by the municipality to be preserved through the municipality's farmland preservation program and which, at a minimum, meets the criteria at N.J.A.C. 2:76-6.20.

"Funding cycle" means the time period beginning on the date the Committee receives an appropriation for the municipal planning incentive grant program and ending on the date the Committee receives a subsequent appropriation for the municipal planning incentive grant program.

"Garden State Preservation Trust" means the public body created pursuant to 13:8C-1 et seq., P.L. 1999, c. 152.

"Governing body" means, in the case of a county, the board of chosen freeholders, and in the case of a municipality, the commission, council, board or body, by whatever name it may be known, having charge of the finances of the municipality.

"Individual farm application" means a standard form, as developed and identified by the Committee, to be submitted to the municipality from a landowner interested in selling his or her development easement, in which the landowner shall provide parcel-specific information to the municipality.

"Mayor" means the municipal official identified pursuant to section 3.2 of P.L. 1975, c. 291 (40:55D-5 ).

"Project area" means a discrete area a municipality identifies within the municipality's farmland preservation plan that constitutes a separate, significant area of reasonably contiguous farmland that will promote the long-term viability of agriculture as an industry in the municipality, and which consists of the following lands and lands that are within one mile of any of the following lands:

1. Targeted farms located within an ADA;

2. Lands for which an individual farm application has been granted final approval by the municipality, the 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 programs; or

6. Other permanently preserved lands dedicated for open space purposes that are compatible with agriculture, as approved by the Committee.

"Targeted farm" means a specific property, contained within an approved project area, that a municipality may seek to solicit for preservation through the municipal planning incentive grant program. In the event of a landowner request, the municipality shall remove the landowner's land from consideration as a targeted farm.

N.J. Admin. Code § 2:76-17A.2

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