N.J. Admin. Code § 2:76-6.5

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

Section 2:76-6.5 - Preliminary board review

(a) The board shall review and evaluate the easement purchase application pursuant to 2:76-6.2 0 to determine the suitability of the land for development easement purchase and establish a priority ranking of the applications on the basis of the following factors:

1. Criteria duly adopted by the board which evaluates the degree to which the purchase would encourage the survivability of the land in productive agriculture and the degree of imminence of change of the land from productive agriculture to nonagricultural use pursuant to N.J.S.A. 4:1C-31b.

(b) The board shall review the application pursuant to 2:76-6.1 7(a) and determine the number of residual dwelling site opportunities to be allocated to the premises.

(c) The board shall inform the landowner of the number of residual dwelling site opportunities allocated to the premises.

(d) The board shall approve or disapprove the application.

(e) An application approved by the board shall be forwarded to the municipal governing body for review.

1. Unless previously granted by prior ordinance, the municipal governing body shall by resolution approve or disapprove the application and so notify the board.

(f) The board shall submit a request for a grant for the purchase of a development easement to the Committee on or before September 15. The request for a grant shall be submitted on a form prescribed by the Committee. The information provided by the board shall include the following:

1. RDSO eligibility and allocation;

2. Exceptions approved by the board with its justification;

3. Confirmation that the land satisfies the minimum eligibility criteria contained at 2:76-6.2 0;

4. CADB preliminary ranking with its justification; and

5. Other information relating to the specific application as required by the Committee.

(g) An application consisting of a development easement acquired by the board and/or county must be submitted to the Committee within three consecutive application rounds.

1. The development easement acquired by a municipality, the board and/or county 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.

(h) In the event that the board grants preliminary approval to more than the maximum number of applications authorized by the Committee pursuant to 2:76-6.1 1(a), it shall forward to the Committee all such application(s) in excess of the maximum number with its justifications for granting such approvals along with other information required in (f) above for preliminary approval.

(i) A board that submits an application to the Committee pursuant to this subchapter shall not be eligible to apply for a grant under the county planning incentive grant program pursuant to N.J.A.C. 2:76-17 during the same fiscal year.

N.J. Admin. Code § 2:76-6.5

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 (d) substantially amended.
Amended by R.1989 d.49, effective 1/17/1989.
See: 20 N.J.R. 1761(a), 21 N.J.R. 158(a).
Added new (c) and (d); recodified old (c) and (d) to (e) and (f); added (e)1-3.
Amended by R.1990 d.529, effective 11/5/1990.
See: 22 N.J.R. 1244(a), 22 N.J.R. 3359(a).
Cite correction at (c).
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.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 (g), substituted "on or before November 15" for "within 30 days of the date appraisal work is authorized pursuant to N.J.A.C. 2:76-6.7" at the end of the first sentence of the introductory paragraph; and in (i), substituted references to the maximum number of applications authorized by the Committee pursuant to N.J.A.C. 2:76-6.11(a) for references to seven applications throughout.
Amended by R.2001 d.47, effective 2/5/2001.
See: 32 N.J.R. 3513(a), 33 N.J.R. 550(a).
Rewrote the section.
Amended by R.2001 d.311, effective 9/4/2001.
See: 33 N.J.R. 1980(b), 33 N.J.R. 2987(a).
In (f), rewrote the first sentence of the introductory paragraph.
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 (a), substituted "pursuant to N.J.A.C. 2:76-6.20" for "and respective project area"; in the introductory paragraph of (f), substituted "on or before September 15" for "on or before October 15, 2001 for requests submitted in 2001 and on or before September 15 for requests submitted after 2001"; added (f)3; recodified former (f)3 and (f)4 as (f)4 and (f)5; and added (i).