N.J. Admin. Code § 2:76-8.5

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

Section 2:76-8.5 - Committee evaluation

(a) In determining the suitability of the purchase of farmland, the Committee shall consider the criteria set forth in 4:1C-31.1 and any comments of the respective board and municipality.

(b) In addition to the factors set forth in (a) above, the Committee shall evaluate the same criteria utilized for the evaluation of applications for development easement purchases set forth in 2:76-6.1 6, the criteria contained at 2:76-6.2 0 and the prioritization criteria set forth in (c), (d) and (e) below.

(c) An application received by the Committee that satisfies the minimum eligibility criteria contained at 2:76-6.2 0 and has been evaluated pursuant to 2:76-6.1 6 shall be prioritized as follows:

1. "Priority farm": meets or exceeds both 75 percent of the average farm size in the county in which it is located and its quality score is at least 90 percent of the average quality score in the county in which it is located.

2. "Alternate farm": does not meet the criteria for "priority" farm, but meets or exceeds both 55 percent of the average farm size in the county in which it is located and its quality score is at least 70 percent of the average quality score in the county in which it is located.

3. "Other farm": does not meet the criteria for "priority" or "alternate" farms.

(d) Average farm size in a county shall be determined based on the average farm size of farms using the 2002 US Census data, incorporated herein by reference, as amended and supplemented. The 2002 US Census data can be obtained at http://www.nass.usda.gov.

(e) Average quality score in a county shall be based on the average quality scores determined pursuant to 2:76-6.1 6 for all farms granted preliminary approval by the Committee through the county easement purchase program and/or county planning incentive grant program within the previous three fiscal years, as determined by the Committee.

N.J. Admin. Code § 2:76-8.5

Emergency amendment R.1999 d.317, effective 8/20/1999 (to expire October 19, 1999).
See: 31 N.J.R. 2646(a).
Added (c).
Adopted concurrent proposal, R.1999 d.390, effective 10/19/1999.
See: 31 N.J.R. 2646(a), 31 N.J.R. 3625(a).
Amended by R.2007 d.197, effective 7/2/2007.
See: 38 N.J.R. 4929(a), 39 N.J.R. 2483(a).
In (a) and (b), substituted "Committee" for "committee"; in (b), inserted ", the criteria contained at N.J.A.C. 2:76-6.20 and the prioritization criteria set forth in (c), (d) and (e) below"; rewrote (c); and added (d) and (e).