N.J. Admin. Code § 2:76-4.9

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

Section 2:76-4.9 - Renewal, termination, reformation

(a) The municipally approved program shall remain in effect for a minimum of eight years from the effective date of the creation of a municipally approved program.

(b) The board and municipal governing body shall conduct a review of the practicability and feasibility to continue the program within the year immediately preceding the termination date of the municipally approved program. At least 90 days prior to the expiration of the program, the board shall, by certified mail, notify all parties which have entered into the agreement to contact the board in writing, within 45 days of receipt of the notice if they want to continue the program for another eight years or to terminate the program at the end of the initial eight-year period.

1. In the event the landowner(s) intends to continue the municipally approved program for another eight years, the landowner(s) shall confirm the following:

i. That the record owner(s) of the premises as identified in the agreement has not changed since the creation of the initial farmland preservation program; and

ii. That the legal metes and bounds description of the boundaries of the premises has not changed since the creation of the initial municipally approved program.

(c) If the board does not receive any notice to terminate the municipally approved program within the 45 day period, the program shall continue for another eight-year period and may continue for succeeding eight year periods provided that no notice of termination is received by the board during subsequent periods of review and notification.

1. At least 30 days prior to the expiration of the municipally approved program, the board shall document the renewal of the municipally approved program by resolution and record such action with the county clerk's office.

2. The board shall provide notice of the renewal of the municipally approved program to the Committee, landowner(s), soil conservation district, municipal tax assessor, county planning board, county governing body, municipal governing body, municipal planning board and municipal clerk.

3. The Committee shall not authorize a cost share grant for the installation of any soil and water conservation cost share projects pursuant to N.J.A.C. 2:76-5 until the provisions of (b)1i and ii above have been confirmed.

(d) Termination of the municipally approved program at the end of the eight year period shall occur following the receipt by the board of any notice of termination.

1. At least 30 days prior to the expiration of the municipally approved program, the board shall document the termination of the municipally approved program by resolution and record such action with the county clerk's office.

2. The board shall provide notice of the terminated municipally approved program to the Committee, landowner(s), soil conservation district, municipal tax assessor, county planning board, county governing body, municipal governing body, municipal planning board and municipal clerk.

(e) Reformation of a municipally approved program as a result of a change in ownership or amendment to the metes and bounds description of the premises shall comply with provisions of 4:1C-11 et seq., P.L. 1983, c.32 and all rules promulgated by the Committee.

N.J. Admin. Code § 2:76-4.9

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