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

Terms, contingencies and conditions of purchase shall be consistent with the provisions of N.J.A.C. 2:76-6.1 3. Notes N.J. Admin. Code § 2:76-17.16

As used in this subchapter, the following words and terms shall have the following meanings: "Agricultural Advisory Committee" (AAC) means the committee established pursuant to N.J.S.A. 4:1C-43.1. "An application for the sale of a development easement" means a standard form, as d…

(a) A county seeking to establish its eligibility for a grant under this subchapter shall establish or develop the following: 1. A board that shall serve as the agricultural advisory committee; 2. A comprehensive farmland preservation plan; and 3. A dedicated source of funding fo…

(a) A comprehensive farmland preservation plan shall include, at a minimum, the following components: 1. A complete description of the county's agricultural resource base and industry trends; 2. A complete description of the county's past and future farmland preservation program …

(a) For each project area designated within the county's comprehensive farmland preservation plan for which the county intends to seek Committee funding, the board shall prepare a project area inventory. The inventory, which may be submitted as electronic spatial data files, shal…

(a) All annual planning applications shall be received by the Committee no later than December 15 of each year preceding the funding cycle for which planning incentive grant program funding is sought. 1. The board's initial annual planning application shall include a copy of the …

(a) Within 60 days of receipt thereof, the Committee shall review and evaluate the board's annual planning application submitted pursuant to N.J.A.C. 2:76-17.6 as follows: 1. The Committee shall determine whether all of the components of the comprehensive farmland preservation pl…

(a) For each county planning incentive grant funding cycle, the Committee shall establish the amount of the base grant available to each county that has received approval of an annual planning application pursuant to the following: 1. The Committee shall review the county's perfo…

(a) At any time during the year, but subsequent to the Committee's approval of an annual planning application, and prior to commencement of any appraisals to be submitted to the Committee for review and certification, the board shall submit to the Committee the following informat…

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

(a) Upon Committee approval of an individual farm application pursuant to N.J.A.C. 2:76-17A.9(b), the municipality 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 de…

(a) The Committee shall review appraisals of eligible farms only after they have been authorized for appraisal pursuant to N.J.A.C. 2:76-17A.9(b). (b) The Committee shall appoint a review appraiser to evaluate the appraisals submitted by the municipality and to recommend a market…

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

(a) The municipality shall approve or disapprove the acquisition of a development easement on an eligible farm based on total available funding and provide the following to the Committee: 1. A commitment of funding by the municipality and each level of government that is providin…

(a) The Committee shall review all requests for funding for the purchase of a development easement on an eligible farm approved by the municipality for compliance with all applicable statutes, rules, regulations, and policies. 1. The Committee shall confirm receipt of appropriate…

(a) Deed restrictions shall be attached to and recorded with the deed of the land and shall be consistent with N.J.A.C. 2:76-6.1 5. (b) The development easement shall be held by the Committee, or by the appropriate county if county funds are utilized, in the purchase of a develop…

(a) Terms, contingencies and conditions of a purchase shall be consistent with the provisions of N.J.A.C. 2:76-6.1 3. 1. For monitoring purposes, if the county does not provide funding toward the purchase of the development easement, the Committee shall be responsible for monitor…

Notes N.J. Admin. Code § 2:76-17A.17 Repealed by 52 N.J.R. 1549(a), effective 8/3/2020

As used in this subchapter, the following words and terms shall have the following meanings: "Agricultural Advisory Committee" (AAC) means the committee established pursuant to N.J.S.A. 4:1C-43.1. "Agricultural Development Area" or "ADA" means an area identified by a county agric…

(a) A municipality seeking to establish its eligibility for a grant under this subchapter shall: 1. Establish an agricultural advisory committee appointed by the mayor with the consent of the municipal governing body. The municipal agricultural advisory committee shall report to …

(a) A comprehensive farmland preservation plan shall include, at a minimum, the following components: : 1. The adopted farmland preservation plan element of the municipal master plan pursuant to N.J.A. C. N.J.A.C. 2:76-17A.3(a)3; 2. A map and description of the municipality's agr…

(a) For each project area designated within the municipality's farmland preservation plan for which the municipality intends to seek Committee funding, the municipality shall prepare a project area inventory. The inventory, which may be submitted as electronic spatial data files,…

(a) All annual planning applications shall be received by the Committee no later than December 15 of each year preceding the funding cycle for which planning incentive grant program funding is sought, subject to the following: 1. The municipality's initial annual planning applica…

(a) Within 60 days of receipt thereof, the Committee shall review and evaluate the municipality's annual planning application submitted pursuant to N.J.A.C. 2:76-17A.6 as follows: 1. The Committee shall determine whether all of the components of the comprehensive farmland preserv…

(a) For each municipal planning incentive grant funding cycle, the Committee shall establish the amount of the base grant available to each municipality that has received approval of an annual planning application, pursuant to the following: 1. The Committee shall review the muni…

(a) t any time during the year, but subsequent to the Committee's approval of an annual planning application, and prior to commencement of any appraisals to be submitted to the Committee for review and certification, the municipality shall submit to the Committee the following in…

(a) This subchapter establishes procedures to be followed by certified mediators, disputants and State Agriculture Development Committee staff for implementing the New Jersey Agricultural Mediation Program as administered by the State Agriculture Development Committee. (b) The Co…

(a) The Committee shall annually review and renew the certificates of certified mediators to ensure satisfactory performance of mediation responsibilities and completion of continued training by June 30th of each year. 1. In order to have his or her certification renewed, a certi…

The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. "Agreement to Mediate" means a document wherein the assigned certified agricultural mediator and disputants are named, the nature of the d…

(a) Persons interested in becoming certified agricultural mediators shall contact the Committee in writing. (b) In order to be qualified as an agricultural mediator, each mediator shall be certified as having satisfied the requirements of a Committee-approved agricultural mediati…

(a) Mediation is a voluntary process for settlement negotiation. In performing his or her duties, an agricultural mediator shall: 1. Act as a third party and not represent any disputant; 2. Not give legal advice in any capacity relating to or in the rendering of services; 3. Not …

(a) A request for voluntary mediation shall be submitted to the Committee in writing. (b) In the event that a court of law mandates agricultural mediation, a copy of the document mandating mediation shall be submitted to the Committee by the appropriate court personnel or the dis…

(a) Upon receipt of the completed standard form, the Committee shall forward copies of the standard form and an Agreement to Mediate provided by the Committee to the named disputants along with an explanation of the mediation process. (b) No mediation shall be conducted until all…

(a) Every mediator retained by the Committee shall enter into a Mediation Agreement with the Committee setting forth the terms and conditions for the mediation services to be provided for each mediation session. (b) Mediators shall be compensated for their services at an agreed-u…

(a) Mediation proceedings shall be conducted by the mediator at times and locations which are agreed upon by the parties and the mediator, and coordinated through the Committee. (b) Mediation proceedings shall commence with an opening statement by the mediator describing the purp…

(a) Any party shall have the right, upon written request, to direct the Committee to select a different mediator prior to the initial mediation meeting. (b) Upon written agreement by the parties and the Committee, the mediation proceedings shall continue with a new mediator. (c) …

This subchapter applies to the valuation of development easements in three management areas of the Pinelands area (agricultural production areas, special agricultural production areas, and preservation areas) whenever the value of a development easement on farmland to be acquired…

(a) The base value shall be increased based upon the type of soil on the property pursuant to the following chart. The maximum adjustment for this factor shall be 20 percent. Statewide Prime Importance Unique 76% to 100% 20% 18% 12% 51% to 75% 15% 14% 9% 26% to 50% 10% 9% 6% Less…

(a) If the property contains lakes and reservoirs that significantly impact the recharge of the Cohansey Aquifer, contain water year round, and are greater than two acres, the base value shall be increased by .375 percent per acre pursuant to N.J.A.C. 2:76-19.1 2. The maximum adj…

(a) If a property contains lakes and reservoirs as described in N.J.A.C. 2:76-19.1 1(a) or streams as described in N.J.A.C. 2:76-19.1 1(b), the owner of the property shall choose between one of the following options: 1. Receiving an increase in base value pursuant to N.J.A.C. 2:7…

A landowner may choose to receive a higher base value pursuant to N.J.A.C. 2:76-19.4(c) by placing a deed restriction on his or her property that limits impervious coverage on the property. The impervious coverage limitation shall be 10 percent of the total property acreage, and …

In no instance shall the development easement value calculated pursuant to this subchapter exceed 80 percent of the fee simple market value of the property as determined by the Committee. Notes N.J. Admin. Code § 2:76-19.14

The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. "Agricultural production areas" means those areas established by the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50-5.1 3(c). "D…

(a) Development easements shall be valued by adjusting the base value of the easement as determined in accordance with N.J.A.C. 2:76-19.4 pursuant to the factors set forth in this subchapter. (b) Landowners shall have a choice of having their development easements appraised pursu…

(a) The base value of a development easement shall be determined according to whether the property is uplands or wetlands and the allocation of Pinelands Development Credits on the property from which the development easement will be conveyed. 1. For those development easements o…

(a) The base values of a development easement shall be adjusted by the following: 1. Regional Environmental Quality Areas; 2. Site-specific environmental quality factors; 3. Scenic corridors and access to markets; 4. On-site septic suitability; 5. Agriculture viability factors; a…

(a) The base value shall be increased by the percentage factor associated with the environmental quality area in which the property is situated. Only one area adjustment factor shall be applied to each development easement. If the property on which a development easement is being…