N.J. Admin. Code § 2:76-4.5

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

Section 2:76-4.5 - Agreement

(a) Approval of a petition by the municipal governing body and the board and creation of a municipally approved program shall be signified by an agreement between the board, municipal governing body and the landowner to retain the land in agricultural production for a minimum period of eight years.

(b) The agreement shall constitute a restrictive covenant and shall be filed in accordance with 2:76-4.8.

(c) Deed restrictions established by the Committee shall be placed on all lands that are to be included in the municipally approved program. These restrictions shall remain in effect for the length of the agreement unless the land is withdrawn from the program in compliance with provisions contained in 4:1C-30 and 2:76-4.1 0. Any landowner intending to subdivide the subject lands shall advise the board prior to initiating such action (see 2:76-4.1 1).

(d) Subject to Committee approval, the board may establish more stringent deed restrictions for the purpose of recognizing local conditions.

(e) Eligibility of benefits follows:

1. The land or owner(s) of the land in a municipally approved program are eligible for the following:

i. Benefits contained in 4:1C-11 et seq., P.L. 1983, c.32;

ii. Additional benefits as determined by the board in accordance with the provisions of 4:1C-11 et seq., P.L. 1983, c.32;

iii. Additional benefits as may be made available from time to time through amendments to 4:1C-11 et seq., P.L. 1983, c.32 and all other pertinent State, county and municipal laws, rules or policies.

(f) The agreement and the creation of a municipally approved program shall not become effective until such time that it is certified in accordance with 2:76-4.7 and recorded with the county clerk in the same manner as a deed.

N.J. Admin. Code § 2:76-4.5

Amended by R.1996 d.37, effective 1/16/1996.
See: 27 New Jersey Register 10(a), 28 New Jersey Register 261(a).