N.J.A.C. 2:76 — STATE AGRICULTURE DEVELOPMENT COMMITTEE (Subchapter 1 to 27)

(a) The factors in this section that shall be considered by the board in developing criteria for the identification of agricultural development area(s) shall include, but not necessarily be limited to, the following: 1. Soils; 2. Current and anticipated local land use plans and r…

(a) In order to obtain committee certification of board approval of ADAs, the board shall submit the following to the committee: 1. Board certification that a hearing was held in compliance with the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.; 2. A copy of the approved minu…

(a) The committee shall review board submissions pursuant to N.J.A.C. 2:76-1.5. (b) In order to certify, the committee must make a finding that the board's analysis of factors and resultant criteria are reasonable and consistent with the provisions of this subchapter. Notes N.J. …

Upon compliance with the provisions of this subchapter, the committee shall present to the Secretary of Agriculture its findings and recommendations to certify, to certify with conditions, or deny the request made pursuant to N.J.A.C. 2:76-1.5. Notes N.J. Admin. Code § 2:76-1.7…

This subchapter provides the standards contained in the State Agriculture Development Committee's appraisal handbook for independent professional appraisers to follow when conducting appraisals of farmland for the purpose of acquiring a development easement pursuant to the Agricu…

As used in this subchapter, the following words and terms shall have the following meanings: "Agricultural value" means the value of the property based solely on its agricultural productivity which does not take into account alternative uses for the property. "Agricultural market…

(a) The appraisal reports prepared by the independent appraiser pursuant to N.J.S.A. 2:76-6.7 shall follow the following format: 1. Summary; 2. General information; 3. Property valuation before development easement acquisition (market value unrestricted); 4. Property valuation af…

(a) The summary section of the appraisal report shall contain the following: 1. A letter of transmittal which shall include the development easement value expressed as a per acre value and a total value; 2. A certification of appraisal which shall include the market value unrestr…

(a) The general information section of the appraisal report shall contain the following: 1. The purpose of the appraisal which estimates the market value of the development easement on the subject property as restricted pursuant to N.J.A.C. 2:76-6.1 5; 2. A statement of the right…

(a) The property valuation before development easement acquisition (market value unrestricted) section of the appraisal report shall contain the following: 1. A description of the subject property including all physical attributes and improvements which shall include, but not be …

(a) The property valuation after development easement acquisition (market value restricted) section of the appraisal report shall contain the following: 1. A description of the subject property in conformance with N.J.A.C. 2:76-10.6(a)1. In addition, an evaluation of the deed res…

(a) The final estimate of development easement value section of the appraisal report shall contain the following: 1. The estimated development easement value which is arrived at by the difference between the market value unrestricted and the market value restricted and reported a…

(a) The addendum section of the appraisal report shall contain the following: 1. A subject property location map; 2. A subject property tax map or survey; 3. Soils/flood/topographic maps; 4. A study of hydrologically limited areas (if appropriate); 5. Subject property photos (col…

This subchapter applies to transactions in which the State Agriculture Development Committee purchases development easements on farmland pursuant to the Garden State Preservation Trust Act, P.L. 1999, c. 152. In order to receive the priority consideration contained in N.J.A.C. 2:…

(a) Upon identification to the Committee of the development easement value negotiated with a landowner other than a government entity pursuant to N.J.A.C. 2:76-11.9, the Committee shall ensure compliance with the provisions of this subchapter and if all requirements are satisfied…

As used in this subchapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise: "Board" means a county agriculture development board established pursuant to N.J.S.A. 4:1C-14 or a subregional agricultural retention board…

(a) An owner of farmland may offer to sell to the Committee a development easement on the farmland at a price which, in the opinion of the landowner, represents the fair market value of the development easement. (b) The Committee shall forward copies of the offer to the respectiv…

The respective board and municipality may submit comments regarding the pending offer to the Committee within 30 days of the date of application. Notes N.J. Admin. Code § 2:76-11.4

(a) In determining the suitability of the purchase of development easements on farmland, the committee shall consider the criteria set forth in N.J.S.A. 4:1C-31 and any comments of the respective board and municipality. (b) In addition to the factors set forth in (a) above, the c…

(a) An application that receives a "priority" ranking pursuant to N.J.A.C. 2:76-11.5(b) shall proceed as follows: 1. The Committee shall consider if it has expended the required minimum funds in that particular county pursuant to N.J.S.A. 13:8C-38m for the respective fiscal year …

(a) For each application that has been authorized pursuant to N.J.A.C. 2:76-11.6 to proceed to the appraisal process, the Committee shall select two independent appraisers on the list of appraisers approved by the Committee pursuant to N.J.A.C. 2:76-6.2 2 to perform appraisals to…

(a) The Committee shall appoint a review appraiser to evaluate the two independent appraisals and establish a recommended market value of the development easement. 1. The review shall be done to ensure compliance with the appraisal handbook standards at N.J.A.C. 2:76-10 and gener…

(a) The Committee shall authorize staff to negotiate the purchase of a development easement with the owner not to exceed the certified market value of the development easement certified by the Committee pursuant to N.J.A.C. 2:76-11.8. 1. A landowner may voluntarily accept a devel…

As used in this subchapter, the following words and terms shall have the following meanings: "Agricultural use" means the use of the land for common farmsite activities including, but not limited to: production, harvesting, storage, grading, packaging, processing and the wholesal…

(a) The Committee may provide a grant to a nonprofit for up to 50 percent of the cost of acquisition of development easements on farmland or up to 50 percent of the cost of acquisition of fee simple titles to farmland from willing sellers. (b) The Committee shall establish a maxi…

The purchase of development easements on farmland or the purchase of fee simple title to farmland, pursuant to N.J.S.A. 13:8C-39, are eligible for acquisition with Committee funding, subject to N.J.A.C. 2:76-12.4 and the criteria contained at N.J.A.C. 2:76-6.2 0. Notes N.J. Admin…

(a) The following acquisition projects are not eligible for Committee funding: 1. Any lands not located in an agricultural development area; 2. Any lands which do not qualify for differential property tax assessment pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-2…

(a) The Committee shall not treat as a donation any donation accepted prior to approval of an application for Committee funding under N.J.A.C. 2:76-13.4, unless approved by the Committee. (b) The Committee shall not treat as a donation any donation of land which is not part of th…

(a) The following costs are allowable, provided the costs are incurred in conformance with all applicable laws: 1. Costs which the nonprofit incurs to acquire farmland in fee simple title or to acquire a development easement based on the Committee's approved grant; 2. Costs which…

A nonprofit may submit an application for Committee funding within 90 days after the date of publication of a notice of availability of grant funds in the New Jersey Register. Notes N.J. Admin. Code § 2:76-13.1

(a) The Committee encourages nonprofits to request a pre-application conference with the Committee as early as possible, prior to application submission, to discuss project eligibility, award criteria and application requirements. (b) A nonprofit that enters into a purchase or op…

(a) A nonprofit shall submit an application containing all of the following: 1. A completed application form, provided by the Committee, that identifies the nonprofit; lists the project location; contains a brief description of the project and an estimate of the funding request a…

(a) Upon receipt of an application containing all the information required under N.J.A.C. 2:76-13.3, the Committee shall determine if the project is eligible for funding in accordance with the requirements of N.J.A.C. 2:76-12.3, and, based on the preliminary ranking of the projec…

(a) The nonprofit shall obtain two appraisals as follows: 1. The nonprofit shall request a meeting with Committee staff to discuss the selection and hiring of two appraisers and the scope of work; 2. The nonprofit shall select two appraisers from the list of appraisers adopted by…

The Committee shall rank an application after it has received the application under N.J.A.C. 2:76-13.3 according to the criteria contained at N.J.A.C. 2:76-6.1 6. Notes N.J. Admin. Code § 2:76-14.1

(a) The Committee shall determine the sufficiency of any appraisals submitted under N.J.A.C. 2:76-13.5 and shall notify the nonprofit in writing of any deficiencies that prevent a certification of fair market value of the development easement or the fair market value of the fee s…

(a) Within 60 days after the nonprofit receives from the Committee the statement of eligible land cost or negotiated offer pursuant to N.J.A.C. 2:76-15.1, the nonprofit shall submit to the Committee a letter stating that the nonprofit has reviewed and accepts the eligible land co…

(a) A nonprofit may request, in writing, supplemental funding for a project if it has accepted the eligible land cost under N.J.A.C. 2:76-15.2 and if the eligible land cost exceeds the grant amount awarded under N.J.A.C. 2:76-13.4. (b) Provided sufficient funds are available, the…

(a) The Committee shall send the project agreement to the nonprofit. The nonprofit shall ensure that the project agreement is approved and signed by the nonprofit's attorney, and executed by the person authorized under the resolution described at N.J.A.C. 2:76-13.3(a)2. The proje…

(a) Unless the nonprofit has already entered into a purchase or an option contract with the property owner, the nonprofit may enter into a purchase or option contract with the property owner after the nonprofit accepts the eligible land cost or negotiated offer under N.J.A.C. 2:7…

(a) The Committee shall disburse the grant in advance of closing or as reimbursement after closing. (b) If the nonprofit seeks payment in advance of closing, it shall submit its request at least 60 days before the scheduled date of closing. (c) For each parcel of land in the proj…

(a) The nonprofit shall maintain and make available to the Committee for inspection on request all financial documents and records related to the project for three years in accordance with (d) below. (b) The nonprofit, its contractors, and subcontractors shall employ generally ac…

(a) Any lands from which a development easement was acquired or lands purchased in fee simple title by a nonprofit with a grant provided by the Committee shall be monitored by the nonprofit as follows: 1. An onsite inspection shall be performed at least once a year; 2. All inspec…

(a) This subchapter implements N.J.S.A. 4:1C-43.1 by establishing a county farmland preservation planning incentive grant program. The rules describe the procedures that the State Agriculture Development Committee shall follow to provide grants to eligible counties, which grants …

(a) Upon Committee approval of an individual farm application pursuant to N.J.A.C. 2:76-17.9(b), the county shall select two appraisers from the list of appraisers approved by the Committee pursuant to N.J.A.C. 2:76-6.22 to conduct independent appraisals of each farm to determine…

(a) The Committee shall review appraisals of eligible farms only after they have been authorized for appraisal pursuant to N.J.A.C. 2:76-17.9(b). (b) The Committee shall appoint a review appraiser to evaluate the appraisals submitted by the board and to recommend a market value o…

(a) Within 30 days of receipt of the Committee's certification of the market value of the development easement, the county shall report the certified value to the landowner. 1. The county may negotiate a purchase price of the development easement for an amount greater than or les…