N.J. Stat. tit. 4, ch. 1B

in effect

N.J. Stat. § 4:1B-1 Short title

This act shall be known and may be cited as the "Agricultural Preserve Demonstration Program Act." L.1976, c. 50, s. 1, eff. July 22, 1976.

N.J. Stat. § 4:1B-2 Legislative findings

The Legislature hereby finds and declares: a. That the preservation of agricultural open space and the retention of agricultural activities would serve the best interests of all citizens of this State by insuring the numerous social, economic and environmental benefits which accrue from the continuation of agriculture in the Garden State. b. That past and present policies and efforts of this State intended to promote such preservation and retention, while beneficial and worthy of continuation, have been inadequate to insure the permanent existence of such activities, which constitute a vital and benevolent use of the land which is so rapidly disappearing in this, the most densely populated and highly urbanized State in the nation. c. That it is both necessary and desirable to implement additional policies, including the creation of an agricultural preserve, designed to provide for such preservation and retention. d. That it is the express intention of this act to promote and insure the continuation of such activities within the agricultural preserve as provided herein. L.1976, c. 50, s. 2, eff. July 22, 1976.

N.J. Stat. § 4:1B-3 Additional legislative findings

The Legislature further finds and declares that the State preservation of agricultural open space through the purchase of development easements to prime agricultural lands is wholly compatible with, and specifically authorized by, the provisions of the "New Jersey Green Acres and Recreation Opportunities Bond Act of 1974" (P.L.1974, c. 102). L.1976, c. 50, s. 3, eff. July 22, 1976.

N.J. Stat. § 4:1B-4 Definitions

As used in this act: a. "Agricultural preserve" means a significant mass of reasonably contiguous prime agricultural lands created through the State purchase of development easements to such lands; b. "Committee" means the Joint Legislative Oversight Committee for the Agricultural Preserve Demonstration Program designated pursuant to section 10 of this act; c. "Departments" means the Department of Environmental Protection and the Department of Agriculture; d. "Development easement" means an interest in land, less than fee simple absolute title thereto, which interest represents the right to develop such lands for all nonagricultural purposes as determined by the provisions of this act and any relevant rules or regulations promulgated pursuant hereto; e. "Prime agricultural land" means land having soil classifications of Class I, II or III, according to Soil Conservation class, except that a certain amount of land supportive of cranberry, blueberry or other special agricultural production and woodland immediately supportive of agriculture may be considered as prime agricultural lands for the purposes of this act; f. "Program" means the Agricultural Preserve Demonstration Program established by this act; g. "Program area" means the location of the program designated pursuant to section 14 of this act; h. "Steering committee" means the Steering Committee on the Agricultural Preserve Demonstration Program created pursuant to section 8 of this act. L.1976, c. 50, s. 4, eff. July 22, 1976.

N.J. Stat. § 4:1B-5 Agricultural preserve demonstration program; establishment; purpose

There is hereby established the Agricultural Preserve Demonstration Program. The purpose of this program shall be the creation of an agricultural preserve, which shall remain undeveloped for other than agricultural purposes as determined in accordance with the provisions of this act. Such preserve shall be established through the State purchase of development easements to such lands. It shall further be the purpose of this program to provide information and experience concerning such State efforts to preserve agricultural open space. It shall be the goal of the program to acquire such easements to approximately 5,000 acres of such land within the agricultural preserve. L.1976, c. 50, s. 5, eff. July 22, 1976.

N.J. Stat. § 4:1B-6 Administration; operational responsibility

The program shall be administered by the Department of Environmental Protection and the Department of Agriculture. The Division of Rural Resources of the Department of Agriculture shall have operating responsibility for the program. L.1976, c. 50, s. 6, eff. July 22, 1976.

N.J. Stat. § 4:1B-7 Conduct on voluntary basis; prohibition of eminent domain

The program shall be conducted on a voluntary basis for all landowners in the program area; the provisions of any law to the contrary notwithstanding, it is the intention of this act to prohibit the exercise of eminent domain by the State, or any agency or instrumentality thereof, in acquiring development easements to prime agricultural lands pursuant to the provisions of this act. L.1976, c. 50, s. 7, eff. July 22, 1976.

N.J. Stat. § 4:1B-8 Implementation of program

The program shall be implemented by the departments in the following manner: a. An intensive informational and educational effort will be undertaken to provide residents, landowners and elected officials within the program area with the basic objectives and details of the program. Such effort shall be conducted at public meetings held within, or in the vicinity of, the program area as well as through the mails. b. Voluntary offers to sell the development easements to prime agricultural lands will be solicited from such landowners in the program area. Such landowners will be asked to offer to sell such development easements to the State at a price which, in the opinion of the landowner, represents a fair value of the development potential of such lands for nonagricultural purposes as determined in accordance with the provisions of this act. A final date for the submission of such offers shall be fixed by the departments in the regulations promulgated pursuant to section 14 of this act. c. Such offers will be reviewed and evaluated by the departments, with the advice of the steering committee as provided in section 9 of this act, in order to determine the suitability of the prime agricultural lands represented thereby for inclusion in the program. Decisions regarding such suitability shall be based upon the satisfaction of the following criteria: (1) The degree to which such offers reflect price levels which appear to be within the financial resources of the program; (2) Suitability as to soil classification or other criteria for prime agricultural lands as provided by this act; (3) The degree to which such offers would facilitate the formulation of an agricultural preserve as defined in section 4 of this act. The departments shall reject any offer for the sale of development easements to prime agricultural lands which are unsuitable according to the above criteria. d. Two separate independent appraisals shall be conducted for each remaining parcel of prime agricultural lands so offered and deemed suitable. Such appraisals shall determine the current overall fair market value of such parcels for all purposes, including nonagricultural and development purposes, as well as the current fair market value of such parcels for agricultural purposes. The difference between current overall fair market value and current agricultural fair market value shall represent an appraisal of the value of development easements to such parcels. Such appraisals shall be conducted by independent, professional appraisers selected by the departments from among members of recognized organizations of real estate appraisers. e. After receiving the results of such appraisals, the departments shall compare the appraised value and the offered value of development easements to such parcels. Following such comparison, and after consultation with the steering committee, the departments shall determine (1) whether the acquisition of all or a portion of such development easements would be within the financial resources of the program and (2) whether such acquisition would provide for the formulation of the agricultural preserve as provided by this act. Decisions concerning the acquisition of specific development easements shall be made within 6 months of the final date fixed for the submission of offers for such easements. f. Following a determination of the satisfaction of such criteria and the submission to the committee of a report containing a positive recommendation concerning such acquisition, the Department of Environmental Protection is hereby empowered to purchase such development easements on behalf of the State. L.1976, c. 50, s. 8, eff. July 22, 1976.

N.J. Stat. § 4:1B-9 Steering committee

a. There is hereby established a Steering Committee on the Agricultural Preserve Demonstration Program. Such steering committee shall be a local advisory body composed of elected officials and residents of the program area. The purpose of the steering committee shall be to provide the departments with local input concerning the implementation of the program. Membership on the steering committee shall be as follows: (1) Two members appointed by the governing body of each municipality located within the program area; (2) One member appointed by the planning board of each municipality located within the program area; (3) Two members appointed by the county board of agriculture of each county located, in whole or part, within the program area; (4) One member appointed by the county board of chosen freeholders of each county located, in whole or part, within the program area; (5) One member appointed by the planning board of each county located, in whole or part, within the program area; (6) The Secretary of Agriculture or his designated representative; (7) The Commissioner of Environmental Protection, or his designated representative; (8) Ex-officio members of the Legislature representing legislative districts located, in whole or part, within the program area. b. The duties and responsibilities of the steering committee shall be: (1) To communicate to residents and landowners in the program area the details of the program and the implications and effects of participation therein; (2) To advise the departments on guidelines furnished to the owners of prime farmlands within the program area concerning the offer and sale of development easements to such land to the State; (3) To advise the departments, following the receipt of development easements offers as provided by section 9 of this act, as to the compatibility of such easements with municipal and county zoning and master plans, and to make recommendations considering the suitability of such easements for inclusion in the program; (4) To advise the departments on the guidelines used to appraise prime agricultural lands for overall market and agriculture value pursuant to section 8 of this act; (5) To make recommendations to the departments, following the results of such appraisals, on the acquisition of such development easements. L.1976, c. 50, s. 9, eff. July 22, 1976.

N.J. Stat. § 4:1B-10 Joint legislative oversight committee

The Assembly Committee on Agriculture and Environment and the Senate Committee on Agriculture are hereby designated as the Joint Legislative Oversight Committee for the Agricultural Preserve Demonstration Program. The duties and responsibilities of the committee shall be as follows: a. To review and evaluate the proposed rules, regulations and guidelines for the implementation and administration of the agricultural preserve program, in terms of feasibility, effect and conformance with the intentions and provisions of this act. b. To analyze the progress of the program prior to the State acquisition of development easements to prime agricultural lands, so as to determine the advisability of proceeding therewith. c. To conduct a final program review and evaluation following the State acquisition of such easements; such final review and evaluation shall be conducted and transmitted to the Legislature within 1 year of such acquisition, and shall include the following: (1) A statement of the social, economic and environmental effects of the program on the program area and on the State; (2) An evaluation of the impact of the program on agriculture and related industries in this State; (3) An analysis of the mechanism of the State purchase of developments rights to prime agricultural lands as a means of preserving agricultural open space, the feasibility of further use of such mechanism in other areas of the State, and potential sources of funding therefor; and, (4) An identification of possible alternative methods of preserving agricultural open space in New Jersey. d. To review and evaluate all relevant existing and proposed statutes, rules, regulations and ordinances, so as to determine the individual and cumulative effect upon the conduct of agricultural activities in this State. e. To recommend to the Legislature and to the departments, prior to, during and following the implementation of the program, any legislation, rule, regulation, guideline, or revision thereto which it deems necessary in order to effectuate the purposes of this act or the findings of the committee concerning the program created herein. The departments are hereby directed to cooperate with the committee in providing any assistance or information necessary for or incident to the performance of the duties and responsibilities of the committee as herein provided. L.1976, c. 50, s. 10, eff. July 22, 1976.

N.J. Stat. § 4:1B-11 Statement of development easement; attachment to and recordation with deed

Following the purchase by the State of any development easement to prime agricultural land as provided by this act, the owner of such lands shall cause a statement containing the conditions of such conveyance and the terms of the restrictions on the use and development of such land to be attached to and recorded with the deed to such land in the same manner as such deed was originally recorded. L.1976, c. 50, s. 11, eff. July 22, 1976.

N.J. Stat. § 4:1B-12 Actions to enforce development easements

The Department of Environmental Protection is hereby empowered to institute, in the name of the State, any proceeding intended to enforce the conditions or restrictions on the use and development of land created pursuant to the State purchase of development easements as provided herein. L.1976, c. 50, s. 12, eff. July 22, 1976.

N.J. Stat. § 4:1B-13 Conveyance of development easement; conditions

No development easement purchased by the State pursuant to the provisions of this act shall be sold, given, transferred or otherwise conveyed in any manner and no lands within the agricultural preserve shall be diverted to a use other than conservation or recreation without the approval of the Commissioner of Environmental Protection, the Secretary of Agriculture and the State House Commission and following a public hearing at least 1 month prior to any such approvals. In the case of the conveyance of such development easements, such approvals shall not be given unless an amount equal to the value of such development easement, as determined by the State House Commission, shall be deposited in the State Recreation and Conservation Land Acquisition and Development Fund created pursuant to P.L.1974, c. 102. Money so returned to said fund shall be deemed wholly a part of the portion of that fund available for land acquisition or development by the State pursuant to the provisions of P.L.1974, c. 102 and P.L.1975, c. 155. L.1976, c. 50, s. 13, eff. July 22, 1976.

N.J. Stat. § 4:1B-14 Rules and regulations

a. The departments shall have the power, in accordance with the provisions of the "Administrative Procedure Act" (C. 52:14B-1 et seq.) to adopt, amend or repeal any rule or regulation deemed necessary to effectuate the purposes of this act. Such rules or regulations shall include a designation of the following: (1) The specific location of the program. Such designation shall result from studies conducted by the departments of alternate locations offering prime agricultural lands which are reasonably representative of all such lands located within this State in terms of agricultural characteristics, value, and vulnerability to pressures for development for other than agricultural purposes. (2) The maximum acceptable percentage of woodland contained in specific offers of such development easements; (3) The minimum acceptable percentage of total farm acreage to be represented by such offers; (4) Guidelines concerning the specific restrictions on the use and development of prime agricultural lands subject to a development easement purchased by the State pursuant to this act. Such guidelines shall prohibit nonagricultural uses and development of such lands except for limited improvements or construction designed to provide housing for persons deriving a substantial portion of their income from agricultural activities conducted on such lands. b. The departments shall transmit copies of all proposed rules and regulations to the committee in order to facilitate the review and evaluation of the program. L.1976, c. 50, s. 14, eff. July 22, 1976.

N.J. Stat. § 4:1B-15 Severability

If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or party thereof directly involved in the controversy in which such judgment shall have been rendered. L.1976, c. 50, s. 15, eff. July 22, 1976.

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