N.J. Admin. Code § 2:76-6.10

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

Section 2:76-6.10 - Final board review

(a) Within 30 days of the Committee's opening of the confidential offers pursuant to N.J.A.C. 2:76-6.9(d), the board shall approve or disapprove the applications and submit the following to the Committee:

1. The priority ranking of the approved applications based upon suitability criteria duly adopted by the board which evaluate the following:

i. Priority consideration shall be given to offers with higher numerical values obtained by applying the following formula:

Data in image

ii. The degree to which the purchase would encourage the survivability of the municipally approved program in productive agriculture; and

iii. The degree of imminence of change of the land from productive agriculture to nonagricultural use;

2. The final purchase price of the development easement for each application.

i. The purchase price of the development easement shall be adjusted according to the acceptance or rejection of any residual dwelling site opportunities permitted pursuant to N.J.A.C. 2:76-6.1 7 and other adjustments required by the Committee;

3. The justification for the board's decision; and

4. A copy of the municipal governing body's resolution approving the purchase of the development easement.

(b) Regardless of the board's ranking determined by (a) above, the board may disapprove an application if it determines that an applicant has initiated proceedings in anticipation of applying to sell a development easement or during the application process which have the effect of increasing the applicant's appraised development easement value.

N.J. Admin. Code § 2:76-6.10

Amended by R.1988 d.493, effective 10/17/1988.
See: 20 New Jersey Register 1503(a), 20 New Jersey Register 2565(a).
Added (a)1 and renumbered old (a)1.-2. as 2.-3; substituted "value" for "offer" in (a)2.
Amended by R.1990 d.529, effective 11/5/1990.
See: 22 New Jersey Register 1244(a), 22 New Jersey Register 3359(a).
Sixty day time frame established.
Repeal and New Rule, R.1993 d.392, effective 8/2/1993.
See: 25 New Jersey Register 1804(d), 25 New Jersey Register 3453(e).
Section was "Board application to the committee."
Amended by R.1995 d.613, effective 12/4/1995.
See: 27 New Jersey Register 13(a), 27 New Jersey Register 4875(a).