N.J. Admin. Code § 2:76-6.18A

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

Section 2:76-6.18A - SADC grant agreement with county: acquisition phase; and monitoring phase

(a) The county shall certify that the acquisition of development easements by the county as set forth in the agreement complies with the provisions of the Agriculture Retention and Development Act, 4:1C-11 et seq., P.L. 1983, c.32, as amended, and all implementing regulations in this chapter.

(b) During the acquisition phase the county which is in the process of acquiring a development easement pursuant to the Agriculture Retention and Development Act and other implementing regulations, N.J.A.C. 2:76-6 shall:

1. Provide a copy of a survey of the respective property, certified to the county, CADB, SADC, and title company which has been performed in accordance with 45:8-27 et seq. and 13:40-1.1 through 10.1.

i. The county is encouraged to require the surveyor to delineate internal features such as residential units, agricultural labor units, other agricultural buildings or structures and easements of record. This information will be extremely helpful in setting baseline data for future enforcement of the deed restrictions by the county;

2. Coordinate the initial onsite investigation of the property identified in Schedule A of the agreement with the SADC staff to establish the necessary baseline information for completing the Deed of Easement and for future inspection and monitoring purposes;

3. Obtain clear, valid record title, marketable, and insurable by a title company authorized to do business in New Jersey pursuant to 2:76-6.1 3(a);

4. Provide a copy of the title commitment to the SADC;

5. Prepare a Deed of Easement in accordance with 2:76-6.1 5 on the Deed of Easement form adopted by the SADC;

6. Identify the county's percent cost share and cost share grant amount for the purchase of the development easement;

7. Identify the municipal percent cost share and cost share grant amount for the purchase of the development easement;

8. Identify if the landowner is providing a donation to the county concerning the sale of the development easement pursuant to 4:1C-35;

9. Inform the SADC if the purchase of the development easement will require a lump sum payment (grant) to the County or installments over a period of up to 40 years from the date of settlement pursuant to 4:1C-32(c);

10. Subject to outstanding liens, other payments necessary to cover the easement and other special circumstances which may result in escrowing of funds, issue a check to the landowner for the total purchase price of the development easement at the time of closing for the purchase of the development easement, unless the installment purchase option is utilized;

11. Purchase the development easement on all properties set forth in Schedule A of the agreement within 18 months of the SADC's final approval;

i. The county may request the SADC to consider extending the 18 month period for one additional six month period;

12. File and record a notice of settlement prior to the easement purchase closing;

13. Immediately and properly record the fully executed Deed of Easement and all other appropriate settlement documents with the County Clerk's office following the purchase of the development easement;

14. Provide for notification of the development easement purchase pursuant to 2:76-6.1 3(d)2.

15. Provide the SADC with a copy of the recorded Deed of Easement immediately upon the county's receipt of the originally recorded Deed of Easement;

16. Provide the SADC with a copy of the insured title policy immediately upon receipt; and

17. Provide the SADC with an accounting of the County's ancillary costs pursuant to 2:76-6.1 1(d)3.

(c) During the acquisition phase, a county which is the record owner of a development easement acquired pursuant to 4:1C-34 and this subchapter and subsequent to the acquisition of the development easement, applies to the SADC for a grant under the Agriculture Retention and Development Act, shall:

1. Provide a copy of the initial survey of the property certified to the SADC, county and title company which has been performed in accordance with 45:8-27 et seq. and 13:40-1.1 through 10.1.

3. Provide a copy of the title policy for the county's original acquisition of the development easement ensuring clear, valid record title marketable, and insurable by a title company authorized to do business in New Jersey;

4. Provide a copy of the recorded Deed of Easement used to acquire the original development easement which at a minimum contained the restrictions found at 2:76-6.1 5(a) which were in effect at the time the development easement was acquired;

5. Identify the county's initial purchase price of the development easement;

6. Identify, if applicable, the municipal percent cost share and cost share grant amount for the purchase of the initial development easement;

7. Identify if the initial landowner provided a donation to the county concerning the sale of the development easement pursuant to 4:1C-35;

8. Provide an affidavit from the county that no new encumbrances have been imposed on the Deed of Easement subsequent to the county's acquisition;

9. Provide an affidavit from the current record owner of the premises that no new encumbrances have been imposed on the premises subsequent to the sale of the development easement;

10. In the event an affidavit cannot be provided pursuant to (c)8 and 9 above, the county shall provide a copy of an updated title commitment to the SADC which provides for a clear, valid record title, marketable, and insurable by a title company authorized to do business in New Jersey;

11. Reimburse the SADC for its respective cost share grant in the event any encumbrance(s) was placed on the property subsequent to the date the original development easement was acquired which was not disclosed by the County and/or landowner in the Affidavits provided in (c)8 and 9 above;

12. Prepare a new Deed of Easement which contains the provisions of 2:76-6.1 5 which were in effect at the time the development easement was acquired by the county. The document shall provide for execution by the county and current landowner of the restricted premises if necessary; and

13. Provide the SADC with an accounting of the county's ancillary costs pursuant to 2:76-6.1 1(d)3.

(d) During the monitoring phase the county shall:

1. Conduct an onsite inspection and monitor, at least once a year, all land from which a development easement has been acquired by the county and for which the SADC has provided a cost share grant to the county to ensure compliance with the terms of the Deed of Easement;

i. All inspections and monitoring shall be completed within the period commencing July 1 and ending June 30; and

ii. The county shall provide a written summary to the SADC by July 15, verifying that the inspections were conducted during the scheduled period with a certification concerning whether the farm was in compliance with the provisions of the Deed of Easement;

2. Inform the SADC if any of the terms and conditions of the Deed of Easement were violated within 30 days of identifying such violation;

3. Take appropriate action within the county's authority to ensure that the terms and conditions of the Deed of Easement are enforced;

4. Maintain a data base of all lands from which a development easement was acquired listing at least the following:

i. Record owner;

ii. Record owner's address;

iii. Phone number;

iv. Tax map block and lots of the premises;

v. Acres;

vi. Title policy;

vii. Final survey;

viii. Inspection dates;

ix. Copy of the recorded Deed of Easement;

x. Subsequent amendments to the Deed of Easement; and

xi. Subsequent issues impacting the premises;

5. Annually inform the SADC of any record ownership changes which occur on lands from which development easements have been acquired; and

6. Inform the SADC of any actions which require the SADC's review and/or approval pursuant to N.J.A.C. 2:76-1, and the Deed of Easement.

N.J. Admin. Code § 2:76-6.18A

New Rule, R.1995 d.613, effective 12/4/1995.
See: 27 New Jersey Register 13(a), 27 New Jersey Register 4875(a).