New Jersey Administrative Code
Title 2 - AGRICULTURE
Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE
Subchapter 6 - ACQUISITION OF DEVELOPMENT EASEMENTS
Section 2:76-6.2 - Definitions
Current through Register Vol. 56, No. 18, September 16, 2024
As used in this subchapter, the following words and terms shall have the following meanings:
"Agricultural Development Area", hereinafter referred to as ADA, means an area identified by a board pursuant to the provisions of 4:1C-18 and certified by the State Agriculture Development Committee.
"Agriculturally viable parcel" means a parcel that is capable of sustaining a variety of agricultural operations that yield a reasonable economic return under normal conditions, solely from each parcel's agricultural output.
"Application," as relates to the purchase of development easements, means a standard form adopted by the county agriculture development board.
"Appraisal handbook standards" means the rules and requirements for conducting appraisals established at N.J.A.C. 2:76-10.
"Board" means a county agriculture development board established pursuant to 4:1C-14 or a subregional agricultural retention board established pursuant to 4:1C-17.
"Committee" means the State Agricultural Development Committee (SADC) established pursuant to 4:1C-4.
"Cost" as used with respect to cost of development easements includes, in addition to the usual connotations thereof, the cost of inspection, appraisal, legal, financial, and other professional services, estimates and advice; and the cost of organizational, administrative and other work and services, including salaries, supplies, equipment and materials.
"Development easement" means an interest in land, less than fee simple absolute title thereto, which enables the owner to develop the land for any nonagricultural purpose as determined by and acquired under the provisions of 4:1C-11 et seq., P.L. 1983, C.32, and any relevant rules or regulations promulgated pursuant thereto.
"Exceptions," unless the text indicates otherwise, means portions of the applicant's land holdings which are not to be encumbered by the deed restrictions contained in 2:76-6.1 5.
"Farmland preservation program" means any voluntary program, the duration of which is at least eight years, authorized by law enacted subsequent to the effective date of the "Farmland Preservation Bond Act of 1981", P.L. 1981, C.276, which has as its principal purpose the long term preservation of significant masses of reasonably contiguous agricultural land within agricultural development areas adopted pursuant to 4:1C-11 et seq., P.L. 1983, C.32, and the maintenance and support of increased agricultural production as the first priority use of that land.
"Formula index" means the value obtained by application of the formula contained in N.J.S.A. 4:1C-31b(1).
"Governing body" means, in the case of a county, the board of chosen freeholders, and in the case of a municipality, the commission, council, board or body, by whatever name it may be known, having charge of the finances of the municipality.
"Landowner" means the record owner of the land, duly authorized contract purchaser of the land or record owner of the development easement acquired pursuant to 4:1C-34.
"Landowner asking price" means the applicant's per acre confidential offer for the sale of a development easement.
"Municipally approved farmland preservation program", hereinafter referred to as "municipally approved program", means any voluntary program, the duration of which is at least eight years, authorized by law enacted subsequent to the effective date of the "Farmland Preservation Bond Act of 1981", P.L. 1981, C.276, which has as its principal purpose the long term preservation of significant masses of reasonably contiguous agricultural land within agricultural development areas adopted pursuant to 4:1C-11 et seq., P.L. 1983, C.32, and the maintenance and support of increased agricultural production as the first priority use of that land. Any municipally approved program shall be established pursuant to 4:1C-21.
"Non-agricultural development value--agricultural value" means the fair market value of the development easement as certified by the committee.
"Option agreement" means a written agreement for consideration between an owner of land and the board whereby the board has a right to purchase the development easement within a specified time for a designated price.
"Premises" means the property under easement which is defined by the legal metes and bounds description contained in the deed of easement.
"Quality score" means the Committee's numeric total derived from the application of the criteria for evaluating a development easement application contained in 2:76-6.1 6.
"Regularly engaged in farmsite activities" means actively engaged in the day-to-day agricultural operation on the premises.
1. A landowner cannot establish that he or she is actively engaged in the day-to-day agricultural operation merely by showing that:
"Residential unit" means the residential building to be used for single family residential housing and its appurtenant uses. The construction and use of the residential unit shall be for agricultural purposes.
"Residual dwelling site" means the location of the residential unit and other appurtenant structures.
"Residual dwelling site opportunity" means the potential to construct a residential unit and other appurtenant structures on the premises in accordance with 2:76-6.1 7.
"Secretary" means the Secretary of Agriculture.
"Use for agricultural purposes," as related to the exercise of a residual dwelling site opportunity and the continued use of the residential unit constructed thereto, means at least one person residing in the residential unit shall be regularly engaged in common farmsite activities on the premises including, but not limited to: production, harvesting, storage, grading, packaging, processing and the wholesale and retail marketing of crops, plants, animals and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease and pest control, disposal of farm waste, irrigation, drainage, water management and grazing.
