N.J. Admin. Code § 2:77-7.3

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

Section 2:77-7.3 - Eligibility

(a) In order for a municipality to be eligible to apply for a planning assistance grant, it shall meet the following requirements:

1. A municipality shall adopt a Master Plan pursuant to N.J.S.A. 40:55D-28 and update it according to recommendations from the periodic reexamination report pursuant to N.J.S.A. 40:55D-89;

2. The Master Plan shall include the plan element appropriately corresponding to the type of Transfer of Development Rights (TDR) program being proposed:

i. Historic Preservation Plan pursuant to N.J.S.A. 40:55D-28b(10);

ii. Farmland Preservation Plan pursuant to N.J.S.A. 40:55D-28b(13) and N.J.A.C. 2:76-17A.4;

iii. Natural Resource Inventory and Conservation Plan pursuant to N.J.S.A. 40:55D-28b(8);

iv. Recreation Plan pursuant to N.J.S.A. 40:55D-28b(7); or

v. Other plan element as appropriate;

3. If a municipality does not have a plan element described in (a)2 above in place at time of application, it shall provide documentation that funding is available for this purpose.

i. The element shall be completed, consistent with the TDR concept plan required in N.J.A.C. 2:77-7.4(a)8, within one year of entering into a grant agreement with the Board.

ii. No grant money shall be disbursed until the municipality has adopted the plan element described in (a)2 above;

4. The municipal governing body shall adopt a resolution supporting the pursuit of a TDR program and authorizing submission of a planning assistance grant application to the Board and execution of a project agreement if the grant is awarded;

5. If the TDR plan involves agricultural land, the municipality shall notify the county agriculture development board of the county in which the municipality is located, in writing, that it is pursuing a TDR program, prior to receipt of the first planning assistance grant installment payment; and

6. The municipality shall notify in writing the county planning board of the county in which the municipality is located that it is pursuing a TDR program, prior to receipt of the first planning assistance grant installment payment.

N.J. Admin. Code § 2:77-7.3

Amended by R.2013 d.139, effective 12/16/2013.
See: 45 N.J.R. 495(a), 45 N.J.R. 2541(a).
In (a)2ii, updated the N.J.A.C. reference.