New Jersey Administrative Code
Title 2 - AGRICULTURE
Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS
Subchapter 7 - PLANNING ASSISTANCE GRANTS
Section 2:77-7.3 - Eligibility
Universal Citation: NJ Admin Code 2:77-7.3
Current through Register Vol. 56, No. 18, September 16, 2024
(a) In order for a municipality to be eligible to apply for a planning assistance grant, it shall meet the following requirements:
1. A municipality
shall adopt a Master Plan pursuant to
40:55D-28 and update it according to
recommendations from the periodic reexamination report pursuant to
40:55D-89;
2. The Master Plan shall include the plan element
appropriately corresponding to the type of Transfer of Development Rights (TDR)
program being proposed:
i. Historic Preservation
Plan pursuant to N.J.S.A. 40:55D-28b(10);
ii. Farmland Preservation Plan pursuant to
N.J.S.A. 40:55D-28b(13) and
2:76-17A.4;
iii. Natural Resource Inventory and Conservation
Plan pursuant to N.J.S.A. 40:55D-28b(8);
iv. Recreation Plan pursuant to N.J.S.A.
40:55D-28b(7); or
v. Other plan element
as appropriate;
3. If a
municipality does not have a plan element described in (a)2 above in place at time
of application, it shall provide documentation that funding is available for this
purpose.
i. The element shall be completed,
consistent with the TDR concept plan required in
2:77-7.4(a)8, within
one year of entering into a grant agreement with the Board.
ii. No grant money shall be disbursed until the
municipality has adopted the plan element described in (a)2 above;
4. The municipal governing body shall
adopt a resolution supporting the pursuit of a TDR program and authorizing
submission of a planning assistance grant application to the Board and execution of
a project agreement if the grant is awarded;
5. If the TDR plan involves agricultural land, the
municipality shall notify the county agriculture development board of the county in
which the municipality is located, in writing, that it is pursuing a TDR program,
prior to receipt of the first planning assistance grant installment payment;
and
6. The municipality shall notify in
writing the county planning board of the county in which the municipality is located
that it is pursuing a TDR program, prior to receipt of the first planning assistance
grant installment payment.
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