N.J. Admin. Code § 2:76-6.19

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

Section 2:76-6.19 - Request for Committee approval of lands permanently deed-restricted by a board and/or county not requiring a Committee cost share grant

(a) A board and/or county may request Committee approval of land from which a development easement was purchased by or donated to the board and/or county for the purpose of ensuring that the owner of the land is afforded all of the benefits available to lands from which a development easement has been conveyed pursuant to the Agriculture Retention and Development Act, 4:1C-11 et seq., P.L. 1983, c.32 and N.J.A.C. 2:76.

(b) To initiate a review by the Committee, the board shall provide the Committee with the following:

1. A completed application which included the following:

i. The landowner name, address, phone number;

ii. The block and lot designation;

iii. Acres;

iv. The general location;

v. Operation;

vi. Residence, RDSOs, exceptions;

vii. Pre-existing, non-agricultural uses;

viii. Prior subdivision approval;

ix. Easements/rights of way;

x. The quality score and ranking;

xi. The degree of imminence of change or conversion analysis; and

xii. The county ranking of the farm.

2. Certification that the land is located in an agricultural development area;

3. Certification that the land qualifies for differential property tax assessment pursuant to the Farmland Assessment Act of 1964;

4. A copy of the municipal governing body's resolution approving the purchase and/or donation of the development easement;

5. A copy of the board's and, if appropriate, county's approval of the purchase or receipt of a donated development easement; and

6. A copy of the recorded Deed of Easement that conveyed a development easement and all of the nonagricultural development rights and development credits appurtenant to the lands and premises to the board and/or county.

i. The deed restrictions imposed on the premises shall at a minimum contain the restrictions found at 2:76-6.1 5(a) which were in effect at the time the development easement was acquired.

ii. If appropriate, the Deed of Easement shall contain the following provision:

"Grantor understands and accepts that Grantee may, at its sole option, apply to have this easement enrolled for participation in the State of New Jersey Agriculture Retention and Development Program as administered by the State Agriculture Development Committee. It is the intention of Grantor to convey to Grantee, by this present instrument, all of the rights which would have to be conveyed under 4:1C-11 et seq. and under 2:76-1.1 et seq. in order to qualify this easement for participation in the State Program. Grantor hereby agrees and undertakes to cooperate with Grantee in any appropriate aspect of the State in the application process and to execute any necessary papers presented by the State or by Grantee in connection therewith. Grantor hereby consents to the participation in or exercise of any of Grantee's rights and obligations hereunder by the State Agriculture Development Committee or any other State agency or political subdivision of the State of New Jersey. Grantee stipulates that any rights and prerogatives which this Deed of Easement extends to the Committee (which entity is neither a party to this conveyance nor to any of the negotiations and agreements leading up to same) are inchoate and shall not be exercised unless and until Grantee and the Committee enter into an agreement as a result of the enrollment of this easement in the State of New Jersey Agriculture Retention and Development Program";

7. A copy of the board and/or county's marked up title commitment, or, if appropriate, title policy issued for the purchase or donation of the development easement on the premises;

8. A copy of the survey plat with a legal metes and bounds description of the premises;

9. If appropriate, an executed Enrollment Agreement between the board and/or county and the Committee which grants the Committee all of the rights and prerogatives contained in the Deed of Easement; and

10. An executed Grant Agreement between the board and/or county and the Committee.

(c) The Committee shall review the documentation provided by the board and/or county to ensure that the information is accurate and complete in accordance with 4:1C-11 et seq., P.L. 1983, c.32 and this chapter and shall approve or disapprove the board and/or county's request.

1. If approved, the Committee shall execute the Enrollment Agreement as identified in (b)9 above and Grant Agreement and return the Enrollment Agreement to the board for recording with the county clerk's office;

2. Upon the board's recording of the Enrollment Agreement, the owner of the land shall be eligible for all of the benefits provided to lands from which a development easement has been conveyed pursuant to 4:1C-11 et seq., P.L. 1983, c.32 and this chapter.

3. The Committee's approval of a board and/or county-owned development easement pursuant to this section shall not preclude the board and/or county from applying for a grant from the Committee at a later date to reimburse the board and/or county for its cost of acquiring the development easement pursuant to 2:76-6.5(h). However, counties are not eligible to apply to the Committee for a cost share grant for the donated portion of a development easement.

N.J. Admin. Code § 2:76-6.19

New Rule, R.1999 d.198, effective 6/21/1999.
See: 31 New Jersey Register 816(a), 31 New Jersey Register 1603(a).