New Jersey Administrative Code
Title 2 - AGRICULTURE
Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS
Subchapter 3 - STANDARDS FOR BOARD'S PURCHASE OF DEVELOPMENT POTENTIAL, ISSUANCE OF MATCHING FUNDS FOR PURCHASE OF DEVELOPMENT POTENTIAL, AND GUARANTEE OF LOANS
Section 2:77-3.1 - Board's review of ordinance and determination of viability
Universal Citation: NJ Admin Code 2:77-3.1
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Prior to purchasing development potential, providing matching funds for the purchase of development potential, or guaranteeing loans in a municipality that has adopted a development transfer ordinance, the Board shall determine whether the ordinance is viable.
(b) To be deemed a viable development transfer ordinance pursuant to this subchapter, the Board must find that:
1. The municipality has complied with
40:55D-113 et seq. or
40:55D-137 et seq. and any rules
promulgated thereunder. Compliance shall be determined upon a showing that the
municipality has:
i. Received approvals from the
State Planning Commission required by
N.J.S.A.
40:55D-137 et seq. and any rules promulgated
thereunder, if applicable;
ii. Received
certification by the Pinelands Commission pursuant to
40:55D-120 or
40:55D-142, if applicable;
iii. Received recommendation of adoption of
ordinance by the respective county planning board pursuant to
40:55D-121 or
40:55D-149 or approval of Office of
Planning Advocacy pursuant to
40:55D-121 or
40:55D-150 through 152 and provided a
statement as to whether such approval has been appealed; and
iv. Submitted information to the respective county
agriculture development board pursuant to
40:55D-120 or
40:55D-149;
2. The ordinance requires the instrument of
transfer to include the following:
i. Restrictions
that are consistent with the intended preservation purpose;
ii. A provision stating the restrictions are
enforceable by the municipality and the county in which the property is located, any
interested party, and the State agency responsible for enforcing the restrictions;
and
iii. A provision stating the
restrictions are enforceable by the Board if the landowner sells development
potential to, or has loans guaranteed by, the Board;
3. The ordinance contains the following
provisions:
i. Landowners selling development
potential shall establish that they have clear, valid, record title, marketable and
insurable at regular rates by a title company authorized to do business in New
Jersey, at the time of enrollment of the land in the TDR program;
ii. No person shall purchase or otherwise acquire,
encumber, or utilize any development potential without recording that fact, within
10 business days thereof, with the Board;
4. The ordinance is consistent with the State
Highway Access Code, N.J.A.C. 16:47, including, but not limited to, Desirable
Typical Sections (DTS), as set forth in Appendix B thereto;
5. The municipality has received approval of its
initial petition for endorsement of its master plan, including the development
transfer ordinance, or approval of the development transfer ordinance as an
amendment to a previously approved petition for master plan endorsement, by the
State Planning Commission, as required by N.J.S.A. 40:55D-140e, if applicable;
and
6. The municipality has adopted a
right-to-farm ordinance that is consistent with, or provides greater protections to
commercial farm operators and owners than, the Right to Farm Act,
4:1C-1 et seq., as determined by the
State Agriculture Development Committee, if the TDR program intends to preserve land
for agriculture.
(c) The Board shall review restrictions imposed by the ordinance or contained in an instrument of transfer to determine if they are consistent with the intended purpose for which the property is being restricted prior to purchasing development potential or providing a loan guarantee.
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