Current through Register Vol. 56, No. 18, September 16, 2024
(a) The evaluation shall
be based on the merits of the individual application and the application's
contribution to its respective project area. The weight factor assigned to each
criterion identifies the relative importance of the specific criterion in relation
to the other criteria.
(b) The criteria
listed in (c), (d), (e), (f), (g), and (h) below shall be combined to demonstrate
the degree to which the purchase would encourage the survivability of the
municipally approved program in productive agriculture.
(c) The soil quality criterion (weight 15) is as
follows:
1. Priority will be given to soils which
exhibit superior quality, require minimal maintenance and have a greater potential
for long term viability for a variety of agricultural purposes.
2. Factors to be considered are as follows:
i. Prime soils identified by the U.S.D.A., Soil
Conservation Service;
ii. Soils of
Statewide importance as identified by the New Jersey Department of Agriculture,
State Soil Conservation Committee; and
iii. Other soils which are specifically suited for
the production of specialty crops and are being used or intended to be used for that
purpose.
(d) The
tillable acres criterion (weight 15) is as follows:
1. Priority will be given to the proportion of the
land that is deemed tillable.
2. Factors
to be considered and deemed to be tillable will be lands devoted to cropland
harvested, cropland pastured and permanent pasture. For purposes of evaluating these
factors, the following terms shall have the following meanings:
i. "Cropland harvested" means land from which a
crop was harvested in the current year. Cropland harvested shall include the land
under structures utilized for agricultural or horticultural production.
ii. "Cropland pastured" means land which can be
and often is used to produce crops, but its maximum income may not be realized in a
particular year. This includes land that is fallow or in cover crops as part of a
rotational program.
iii. "Permanent
pasture" means land that is not cultivated because its maximum economic potential is
realized from grazing or as part of erosion control programs. Animals may or may not
be part of the farm operation.
(e) The boundaries and buffers criterion (weight
20) is as follows:
1. Priority will be given to the
greatest proportion of boundaries with buffers which help protect the integrity of
the individual application and/or project area from conflicting nonagricultural
uses.
2. Factors to be considered are as
follows:
i. The type and quality of buffers,
including:
(1) Compatible uses as follows:
(A) Deed restricted farmland
(permanent);
(B) Deed restricted
wildlife areas;
(C) Eight year
programs;
(D) Farmland
(unrestricted);
(E) Streams (perennial)
and wetlands;
(F) Parks (limited public
access);
(G) Parks (high use);
(H) Military installations;
(I) Highways (limited access);
(J) Golf course (public); and
(K) Other compatible buffers.
(2) Conflicting uses as follows:
(A) Residential; and
(B) Other;
(3) Negative consideration:
(A) Exceptions which adversely affect the
applicant's agricultural operation (weight 10); and
ii. Percentage of boundaries buffering the
individual application.
(f) The local commitment criterion (weight 20) is
as follows:
1. Priority will be given where
municipal and county land use regulations and policies support the long term
viability of the agricultural industry.
2. Factors to be considered are as follows:
i. Zoning ordinances and densities which
discourage conflicting nonagricultural development;
ii. Absence of sewer or other growth leading
infrastructure;
iii. Consistency with
municipal, county, state and regional plans;
iv. Municipal commitment to actively participate
in the Agriculture Retention and Development Program;
v. Right to farm and other ordinances supporting
agriculture; and
vi. Community financial
support for the project area.
(g) The size and density criterion (weight 20) is
as follows:
1. Priority will be given to larger
masses with higher density of the lands dedicated to farmland
preservation.
2. Factors to be
considered are as follows:
i. The size of the
individual application;
ii. The size of
the individual application in relation to the average farm size in the respective
county; and
iii. The density of the
individual application in relation to the project area. Density shall be recognized
as the reasonable contiguity, within one-half mile, of lands encompassed by
development easement purchase applications, development easements purchased, other
permanently deed restricted farmlands, farmland preservation programs and
municipally approved programs.
(h) The board's highest ranked application (weight
10) will be given priority consideration to recognize local factors which encourage
the degree to which the purchase would encourage the survivability of the
municipally approved program in productive agriculture and degree of imminence of
change of the land from productive agriculture to nonagricultural use.
(i) Factors which determine the degree of
imminence of change of the land from productive agriculture to nonagricultural use
criterion (weight 10) are as follows:
1. Priority
will be given to minimizing the negative impacts caused by the imminent conversion
of agricultural land to a nonagricultural use.
2. Factors to be considered are as follows:
i. The degree of imminence of change;
and
ii. The impact of the
conversion.
