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
N.J.S.A. 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 N.J.S.A. 4:1C-14 or a subregional agricultural
retention board established pursuant to
N.J.S.A. 4:1C-17.
"Committee" means the State Agricultural Development Committee
(SADC) established pursuant to
N.J.S.A. 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
N.J.S.A. 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
N.J.A.C. 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
N.J.S.A. 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 N.J.S.A. 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
N.J.S.A. 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 N.J.S.A. 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 N.J.A.C. 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:
i. He or she owns the premises;
ii. The land is actively farmed; or
iii. The land is assessed pursuant to the Farmland
Assessment Act,
N.J.S.A. 54:4-23.1.
"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 N.J.A.C. 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.
