New Jersey Administrative Code
Title 2 - AGRICULTURE
Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE
Subchapter 6 - ACQUISITION OF DEVELOPMENT EASEMENTS
Section 2:76-6.18A - SADC grant agreement with county: acquisition phase; and monitoring phase
Universal Citation: NJ Admin Code 2:76-6.18A
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The county shall certify that the acquisition of development easements by the county as set forth in the agreement complies with the provisions of the Agriculture Retention and Development Act, 4:1C-11 et seq., P.L. 1983, c.32, as amended, and all implementing regulations in this chapter.
(b) During the acquisition phase the county which is in the process of acquiring a development easement pursuant to the Agriculture Retention and Development Act and other implementing regulations, N.J.A.C. 2:76-6 shall:
1. Provide a copy of a survey of the
respective property, certified to the county, CADB, SADC, and title company which
has been performed in accordance with
45:8-27 et seq. and
13:40-1.1 through 10.1.
i. The county is encouraged to require the
surveyor to delineate internal features such as residential units, agricultural
labor units, other agricultural buildings or structures and easements of record.
This information will be extremely helpful in setting baseline data for future
enforcement of the deed restrictions by the county;
2. Coordinate the initial onsite investigation of
the property identified in Schedule A of the agreement with the SADC staff to
establish the necessary baseline information for completing the Deed of Easement and
for future inspection and monitoring purposes;
3. Obtain clear, valid record title, marketable,
and insurable by a title company authorized to do business in New Jersey pursuant to
2:76-6.1 3(a);
4. Provide a copy of the title commitment to the
SADC;
5. Prepare a Deed of Easement in
accordance with 2:76-6.1 5 on the Deed of Easement form
adopted by the SADC;
6. Identify the
county's percent cost share and cost share grant amount for the purchase of the
development easement;
7. Identify the
municipal percent cost share and cost share grant amount for the purchase of the
development easement;
8. Identify if the
landowner is providing a donation to the county concerning the sale of the
development easement pursuant to
4:1C-35;
9. Inform the SADC if the purchase of the
development easement will require a lump sum payment (grant) to the County or
installments over a period of up to 40 years from the date of settlement pursuant to
4:1C-32(c);
10. Subject to outstanding liens, other payments
necessary to cover the easement and other special circumstances which may result in
escrowing of funds, issue a check to the landowner for the total purchase price of
the development easement at the time of closing for the purchase of the development
easement, unless the installment purchase option is utilized;
11. Purchase the development easement on all
properties set forth in Schedule A of the agreement within 18 months of the SADC's
final approval;
i. The county may request the SADC
to consider extending the 18 month period for one additional six month
period;
12. File and record a
notice of settlement prior to the easement purchase closing;
13. Immediately and properly record the fully
executed Deed of Easement and all other appropriate settlement documents with the
County Clerk's office following the purchase of the development easement;
14. Provide for notification of the development
easement purchase pursuant to
2:76-6.1 3(d)2.
15. Provide the SADC with a copy of the recorded
Deed of Easement immediately upon the county's receipt of the originally recorded
Deed of Easement;
16. Provide the SADC
with a copy of the insured title policy immediately upon receipt; and
17. Provide the SADC with an accounting of the
County's ancillary costs pursuant to
2:76-6.1 1(d)3.
(c) During the acquisition phase, a county which is the record owner of a development easement acquired pursuant to 4:1C-34 and this subchapter and subsequent to the acquisition of the development easement, applies to the SADC for a grant under the Agriculture Retention and Development Act, shall:
1. Provide a copy of the initial survey of the
property certified to the SADC, county and title company which has been performed in
accordance with
45:8-27 et seq. and
13:40-1.1 through 10.1.
i. The county is encouraged to require the
surveyor to delineate internal features such as residential units, agricultural
labor units, other agricultural buildings or structures and easements of record.
This information will be extremely helpful in setting baseline data for future
enforcement of the deed restrictions by the county;
2. Coordinate the initial onsite investigation of
the property identified in Schedule A of the agreement with the SADC staff to
establish the necessary baseline information for completing the Deed of Easement and
for future inspection and monitoring purposes;
3. Provide a copy of the title policy for the
county's original acquisition of the development easement ensuring clear, valid
record title marketable, and insurable by a title company authorized to do business
in New Jersey;
4. Provide a copy of the
recorded Deed of Easement used to acquire the original development easement which at
a minimum contained the restrictions found at
2:76-6.1 5(a) which were in effect at
the time the development easement was acquired;
5. Identify the county's initial purchase price of
the development easement;
6. Identify,
if applicable, the municipal percent cost share and cost share grant amount for the
purchase of the initial development easement;
7. Identify if the initial landowner provided a
donation to the county concerning the sale of the development easement pursuant to
4:1C-35;
8. Provide an affidavit from the county that no
new encumbrances have been imposed on the Deed of Easement subsequent to the
county's acquisition;
9. Provide an
affidavit from the current record owner of the premises that no new encumbrances
have been imposed on the premises subsequent to the sale of the development
easement;
10. In the event an affidavit
cannot be provided pursuant to (c)8 and 9 above, the county shall provide a copy of
an updated title commitment to the SADC which provides for a clear, valid record
title, marketable, and insurable by a title company authorized to do business in New
Jersey;
11. Reimburse the SADC for its
respective cost share grant in the event any encumbrance(s) was placed on the
property subsequent to the date the original development easement was acquired which
was not disclosed by the County and/or landowner in the Affidavits provided in (c)8
and 9 above;
12. Prepare a new Deed of
Easement which contains the provisions of
2:76-6.1 5 which were in effect at the
time the development easement was acquired by the county. The document shall provide
for execution by the county and current landowner of the restricted premises if
necessary; and
13. Provide the SADC with
an accounting of the county's ancillary costs pursuant to
2:76-6.1 1(d)3.
(d) During the monitoring phase the county shall:
1. Conduct an onsite inspection and monitor, at
least once a year, all land from which a development easement has been acquired by
the county and for which the SADC has provided a cost share grant to the county to
ensure compliance with the terms of the Deed of Easement;
i. All inspections and monitoring shall be
completed within the period commencing July 1 and ending June 30; and
ii. The county shall provide a written summary to
the SADC by July 15, verifying that the inspections were conducted during the
scheduled period with a certification concerning whether the farm was in compliance
with the provisions of the Deed of Easement;
2. Inform the SADC if any of the terms and
conditions of the Deed of Easement were violated within 30 days of identifying such
violation;
3. Take appropriate action
within the county's authority to ensure that the terms and conditions of the Deed of
Easement are enforced;
4. Maintain a
data base of all lands from which a development easement was acquired listing at
least the following:
i. Record owner;
ii. Record owner's address;
iii. Phone number;
iv. Tax map block and lots of the
premises;
v. Acres;
vi. Title policy;
vii. Final survey;
viii. Inspection dates;
ix. Copy of the recorded Deed of
Easement;
x. Subsequent amendments to
the Deed of Easement; and
xi. Subsequent
issues impacting the premises;
5. Annually inform the SADC of any record
ownership changes which occur on lands from which development easements have been
acquired; and
6. Inform the SADC of any
actions which require the SADC's review and/or approval pursuant to N.J.A.C. 2:76-1,
and the Deed of Easement.
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