New Jersey Administrative Code
Title 2 - AGRICULTURE
Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE
Subchapter 17A - MUNICIPAL PLANNING INCENTIVE GRANTS
Section 2:76-17A.12 - Landowner offer
Universal Citation: NJ Admin Code 2:76-17A.12
Current through Register Vol. 56, No. 18, September 16, 2024
(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 than or less than the Committee's certified market value of the
development easement, but not greater than the higher of the two independent
appraised development easement values determined pursuant to
4:1C-31(c) and
13:8C-1 et seq.,
P.L.
1999, c. 152 and
2:76-17A.1 1.
2. If applicable, the municipality shall inform
the landowner of the terms and conditions of any installment purchase agreements,
options or potential donations.
(b) Within 60 days of the landowner's receipt of the Committee's certification of market value of the development easement, the landowner shall submit, in writing, an acceptance or rejection of the offer. A copy of the acceptance or rejection shall be provided to the Committee.
1. An offer by a landowner requesting to sell his
or her development easement for a value that is greater than the higher of the two
independent appraised development easement values determined pursuant to
N.J.S.A.
4:1C-31.c, and 13:8C-1 et seq.,
P.L.
1999, c. 152, and
N.J.A.C.
2:76-17A.11shall be deemed a rejection of the
offer.
2. IIf the landowner accepts the
municipality's offer, and the development easement is to be held by the county, the
municipality shall cause the preparation of an agreement between the landowner and
the municipality and/or county, contingent upon the municipality's final review
pursuant to N.J. A.C. 2:76-17A.13, the Committee's final review pursuant to
N.J.A.C.
2:76-17A.14, and the board's final approval. A
copy of the agreement shall be provided to the Committee, if requested, and to the
board.
i. If the development easement is to be
held by the Committee, the municipality shall request the Committee to prepare an
agreement between the landowner and the Committee contingent on all appropriate
final reviews pursuant to (b)2 above. A copy of the agreement shall be provided to
the municipality.
3. If a
landowner rejects an offer for an amount equal to or greater than the certified
market value, the Committee shall not accept for processing any individual farm
application or application for sale of land in fee simple pursuant to the planning
incentive grant program or any other farmland preservation program authorized
pursuant to
N.J.S.A. 4:1C-11et seq.,
13:1C-1 et seq., or 13:8C-43 et seq., for two years from the date that the
municipality originally submitted an individual farm application. This provision
applies only to an application from the same landowner for the same farm
property.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
