N.J. Admin. Code § 2:76-6.11

Current through Register Vol. 56, No. 24, December 18, 2024

Section 2:76-6.11 - Final Committee review

(a) The Committee shall approve a maximum limit of funds available and the maximum number of applications permitted per county for an easement purchase grant round to provide grants to counties and municipalities for the purchase of development easements on farmland.

(b) Upon receipt of applications which have received final approval by the board, the Committee shall determine the landowner's formula index by application of the formula contained in N.J.S.A. 4:1C-31b(1) as follows:

nonagricultural development value	-	agricultural value	-	landowner'asking prices
--------------------------------------------------------					=	formula index
nonagricultural development value	-	agricultural value

(c) The Committee's funding priority shall be given to those applications which have higher numerical values obtained by application of the following formula:

(quality score) + (formula index x 200) = final score

1. Regardless of the final score, the Committee may disapprove an application if it determines that the 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.

2. The Committee may give funding priority to offers with higher numerical values in any one county based on the applicant's final score.

(d) The Committee shall not authorize a grant for an amount greater than 80 percent of the Committee's certified market value of the development easement or the board and/or county's purchase price of the development easement, whichever is lower. In situations where the Committee is cost sharing on an easement which has been acquired, or is being acquired, by a municipality, the Committee shall not authorize a grant for an amount greater than 80 percent of the Committee's certified market value of the development easement or 80 percent of the sum of the municipality's purchase price of the development easement plus the interest or discount on bonds the municipality incurred in association with the acquisition of the development easement from the date the municipality acquires the easement to the date of the appropriation of State funds, whichever is lower. The Committee's cost share grant for a development easement involving a governmental entity's prior acquisition of land in fee simple title also shall be subject to N.J.A.C. 2:76-6.2 3.

1. The percent Committee cost share shall be based upon the following:

Landowner's asking price	Percent committee cost share
From $ 0.00 to $ 1,000	=	80% above $ 0.00
From > $ 1,000 to $ 3,000	=	$ 800 + 70% above $ 1,000
From > $ 3,000 to $ 5,000	=	$ 2,200 + 60% above $ 3,000
From > $ 5,000 to $ 9,000	=	$ 3,400 + 50% above $ 5,000
From > $ 9,000 to $ 50,000	=	60%
From > $ 50,000 to $ 75,000	=	$ 30,000 + 55% above $ 50,000
From > $ 75,000 to $ 85,000	=	$ 43,750 + 50% above $ 75,000
From > $ 85,000 to $ 95,000	=	$ 48,750 + 40% above $ 85,000
From > $ 95,000 to $ 105,000	=	$ 52,750 + 30% above $ 95,000
From > $ 105,000 to $ 115,000	=	$ 55,750 + 20% above $ 105,000
From > $ 115,000	=	$ 57,750 + 10% above $ 115,000

i. If the landowner's asking price is greater than the certified market value, the Committee's cost share grant shall be based upon the Committee's certified market value.

2. Notwithstanding (d)1 above, the Committee shall provide a grant for the purchase of a development easement on the top ranked application in a county at a 50 percent cost share in those counties where pursuant to (d)1 above, the Committee's cost share percentage would be less than 50 percent.

i. The Committee's cost share grant shall only apply to the purchase of a development easement pursuant to N.J.A.C. 2:76-6.3.

3. Subject to available funds, the Committee shall provide a cost share grant for up to 50 percent of the cost for eligible ancillary costs for the purchase of development easements.

i. Eligible ancillary costs shall be limited to wetlands determinations, appraisals, review appraisals, title search, title insurance and surveys on those farms from which a development easement has been purchased by the board pursuant to N.J.S.A. 4:1C-11 et seq. and this subchapter; and

ii. Ineligible costs include other local governmental expenses and administrative costs related to the acquisition of the development easement, such as staff and attorney work, clerical supplies and office space.

(e) Subject to the available funds, the Committee shall approve a grant, on a per acre basis, for the purchase of a development easement as determined in (d)1 and 2 above, based on the final surveyed acreage.

(f) In order to receive a grant for the purchase of a development easement, the County Board of Chosen Freeholders shall enter into a grant agreement pursuant to N.J.A.C. 2:76-6.1 8 through 6.18B.

(g) The Committee shall notify the respective boards of applications receiving final approval.

N.J. Admin. Code § 2:76-6.11

Amended by R.1988 d.435, effective 9/6/1988.
See: 20 N.J.R. 1319(a), 20 N.J.R. 2254(b).
(c): Added "no more than 80" to replace "50".
Amended by R.1988 d.493, effective 10/17/1988.
See: 20 N.J.R. 1503(a), 20 N.J.R. 2565(a).
(a) and (b) substantially amended.
Amended by R.1990 d.529, effective 11/5/1990.
See: 22 N.J.R. 1244(a), 22 N.J.R. 3359(a).
Expanded and clarified formula and basis by which funding priority is established; includes a sliding scale.
Amended by R.1993 d.392, effective 8/2/1993.
See: 25 N.J.R. 1804(d), 25 N.J.R. 3453(e).
Amended by R.1994 d.43, effective 1/18/1994.
See: 25 N.J.R. 3890(a), 25 N.J.R. 4697(a), 26 N.J.R. 350(a).
Amended by R.1994 d.393, effective 8/1/1994.
See: 26 N.J.R. 1419(a), 26 N.J.R. 3159(b).
Amended by R.1995 d.613, effective 12/4/1995.
See: 27 N.J.R. 13(a), 27 N.J.R. 4875(a).
Amended by R.1999 d.198, effective 6/21/1999.
See: 31 N.J.R. 816(a), 31 N.J.R. 1603(a).
In (a), inserted a reference to the maximum number of applications permitted per county.
Amended by R.2001 d.47, effective 2/5/2001.
See: 32 N.J.R. 3513(a), 33 N.J.R. 550(a).
In (d), rewrote the introductory paragraph.
Amended by R.2004 d.39, effective 1/20/2004.
See: 35 N.J.R. 4164(a), 36 N.J.R. 441(b).
Rewrote (d).
Amended by R.2007 d.197, effective 7/2/2007.
See: 38 N.J.R. 4929(a), 39 N.J.R. 2483(a).
In the introductory paragraph of (d) and in (d)1i, deleted "fair" preceding "market" throughout; in the introductory paragraph of (d), inserted the last sentence; deleted former (d)3, and recodified former (d)4 as (d)3.