N.J. Admin. Code § 7:70-3.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:70-3.3 - Review of applications

(a) Once an application is deemed complete by the Executive Director, the application will be forwarded for review to the Land Preservation Committee as follows:

1. The Executive Director shall prepare a complete report on eligibility to the Land Preservation Committee for each application. The report on eligibility shall include:

i. Physical details of the property including:

(1) Size;

(2) Location;

(3) Current owner;

(4) Structures present;

(5) Municipal zoning;

(6) Location in the preservation area or planning area;

(7) Location adjacent to scenic resources identified in the RMP;

(8) Adjacency to any existing preserved lands;

(9) Environmental resources present as identified in the RMP;

(10) Areas of conservation preservation priority;

(11) Areas of agricultural preservation priority; and

(12) Areas of special environmental zone;

ii. Confirmation of the current owner's title to the property, including a title search;

iii. Review of the following environmental records:

(1) New Jersey Known Contaminated Sites List (http://www.state.nj.us/dep/srp/kcsnj/);

(2) New Jersey Department of Environmental Protection Mapping (DGS03-2 - Abandoned Mines of New Jersey); and

(3) New Jersey Department of Environmental Protection site records for environmental contamination or violations (http://datamine2.state.nj.us/dep/DEP_OPRA/adv_search.html);

iv. Staff site inspections and photographic record; and

v. Summary of priority ranking against other complete applications based on the standards in (b) below.

2. The Land Preservation Committee shall:

i. Review the information provided in the report on eligibility from (a)1 above, and make a decision on the eligibility of the project based on the standards in N.J.A.C. 7:70-3.1 and 3.2, and the priority of the project based upon the standards in (b) below;

ii. Prepare a summary of the report on eligibility and the findings, including a final recommendation, and provide it to the Highlands Council; and

iii. Upon receipt of final appraisal and funding commitment information, prepare an updated report on eligibility on each property and provide it to the Highlands Council.

(b) Property acquisitions shall be based on the following applicable criteria, in no specific order:

1. Designation as an identified special environmental zone area in the RMP.

2. Designation as a high conservation and/or high agricultural preservation priority area in the RMP.

3. Designation as a moderate conservation and/or moderate agricultural preservation priority area in the RMP.

4. Additional priority will be given to properties that, when purchased together, provide or improve connectivity to existing open space, are contiguous to existing preserved farmland, or otherwise improve access to existing open space and/or recreational facilities.

5. Any specific criteria that has been approved by the Highlands Council, in a Highlands Council resolution on any project review where funding is received as part of mitigation for the project.

6. Applicants that provide for a higher proportion of outside matching funds will be provided with a higher priority than those that do not.

(c) Applicants shall submit draft conservation easement language to the Highlands Council for review. The State of New Jersey will be included as Grantee in any deed restriction or easement.

(d) In accordance with N.J.S.A. 13:8C-26.j(1) or 38.j(1), the applicant shall obtain appraisals containing the two values determined in accordance with the aforementioned laws. The applicant shall have the opportunity to negotiate the sale price of the property based on these values. The Highlands Council will provide for reasonable costs related to these additional appraisals, provided the appraiser has been approved by New Jersey Department of Environmental Protection Green Acres Program or the State Agriculture Development Committee (SADC).

(e) Commitment and partnership funds will be determined as follows:

1. The Highlands Council shall provide a maximum award of up to 50 percent of the total purchase price of the property, for the acquisition of the development rights.

2. All applicants shall supply commitment letters from any other partnership entities providing funding.

3. An applicant may use as its matching share of the cost of acquisition, its own funds, any grant, contribution, donation, or reimbursement from State or Federal programs, and/or any other public or private funding source.

(f) The applicant must provide a summary of a plan for the long-term stewardship of the property, including enforcement, monitoring, ownership, access, and any maintenance or proposed restoration.

(g) At a public meeting of the Highlands Council, the summary of the report and the findings, including the final recommendation of the Land Preservation Committee, will be presented. The Highlands Council shall, based upon the findings of the updated report of eligibility pursuant to (a)2iii above, adopt a resolution issuing an approval for funding and authorization to proceed at that meeting. The effective date of the approval shall be the date of the adoption of the resolution following the expiration of the Governor's statutory period of review.

N.J. Admin. Code § 7:70-3.3

Adopted by 48 N.J.R. 631(a), effective 4/18/2016