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Real Estate Agriculture Purchase Agreements

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					                 State Agriculture Development Committee
                       Farmland Preservation Program

       Application For Sale Of A Development Easement
                 (Direct Easement Purchase)


Checklist of Enclosed Items ( All checklist items are required for administrative completeness of
this application; Omission may delay review and ranking of this application. Please refer to the Direct
Easement Application Guidelines for assistance in completing this application.)

( )     APPLICATION (signed by Landowner of record)


( )     CONTRACT PURCHASE AGREEMENT (if appropriate)


( )     Copy of CORPORATE RESOLUTION (if appropriate)

( )     TAX MAP with boundaries of lots, exceptions, existing residences, and adjacent land
        uses identified.


( )     Current Application for Farmland Assessment (FARM TAX ASSESSMENT FORM)
        with Land Use identified.

( )     Copy of current recorded DEED


( )     Copy of Active LEASE AGREEMENTS (if appropriate)


( )     Copy of MUNICIPAL RIGHT TO FARM ORDINANCE.




                                                      A
If there are any questions in completing this application call the SADC at (609) 984-2504.
Date:                                                 ________________________
County:                                               ________________________
Municipality:                                         ________________________
Landowner/Farm Name                                   ________________________
Address and/or description of the farm location:      ________________________



Is the farm currently enrolled in an 8-year program?                          YES NO
         Municipally Approved Farmland Preservation Program?                  YES NO
         Farmland Preservation Program?                                       YES NO
         Date of Enrollment:                                                  _________



This application to sell a development easement on the Premises is made this
______ date of ____________________, in the year ____________ .

I/We ______________________________________________ , landowner(s)
Of the property located in the Township of ________________________
In the County of _____________________ known and as designated herein as the “Premises”,

apply to the New Jersey State Agriculture Development Committee (hereinafter “Committee”),
to sell a development easement on the Premises pursuant to the Agriculture Retention and
Development Act, N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32, the Garden State Preservation Trust
Act, N.J.S.A. 13:8C-1 et seq., P.L. 1999, c.152 and N.J.A.C. 2:76-11.

Offer To Sell a Development Easement

Pursuant to N.J.A.C. 2:76-11.3, it is required that the applicant(s) submits an offer to sell a
development easement to the Committee.

Note: Landowners hereby acknowledge that they have been fully informed of the provisions
      related to the sale of a development easement on the Premises and that a recommendation
      was made to obtain legal counsel.

As landowner of the Premises described above, I/We am willing to make an offer to sell a
development easement on the Premises to the Committee in the amount of $ ________________
per acre, based on the preliminary acreage as designated herein. This offer is subject to an
executed Agreement for the Purchase of a Development Easement with the Committee.


                                               Signature: ________________________________




                                                  B
APPLICANT INFORMATION

Duplicate this sheet as necessary to indicate ALL participants.                                Page ___ of ___
Please enter for each related party.
The first individual entered should be the primary contact. Indicate if this is their only role.



Name:        _______________________________________________________________
Address:     _______________________________________________________________
City:        _________________________ State: ____________ Zip Code: ________
Phone(bus.): __________________________________ Fax: _______________________
Phone(home): __________________________________

Type of Participation: (check one)
         (   )   Sole Proprietor (Husband/Wife)                  (   )   Contract Purchaser (Fee Simple)
         (   )   Partner of a Partnership                        (   )   Contract Purchaser (Easement)
         (   )   Proprietor or Multi-Proprietor                  (   )   Realtor of a Real-estate Agency
         (   )   Executor of an Estate                           (   )   Renter
         (   )   Corporate Officer in a Corporation              (   )   Lessee
         (   )   Trustee of a Trust                              (   )   County
         (   )   Lawyer or Legal Representative                  (   )   Municipality
         (   )   Primary Contact                                 (   )   Conservation Organization
         (   )   Institution



Name:        _______________________________________________________________
Address:     _______________________________________________________________
City:        _________________________ State: ____________ Zip Code: ________
Phone(bus.): __________________________________ Fax: _______________________
Phone(home): __________________________________

Type of Participation: (check one)

         (   )   Sole Proprietor (Husband/Wife)                  (   )   Contract Purchaser (Fee Simple)
         (   )   Partner of a Partnership                        (   )   Contract Purchaser (Easement)
         (   )   Proprietor or Multi-Proprietor                  (   )   Realtor of a Real-estate Agency
         (   )   Executor of an Estate                           (   )   Renter
         (   )   Corporate Officer in a Corporation              (   )   Lessee
         (   )   Trustee of a Trust                              (   )   County
         (   )   Lawyer or Legal Representative                  (   )   Municipality
         (   )   Primary Contact                                 (   )   Conservation Organization
         (   )   Institution




                                                           C
BLOCK, LOT & ACREAGE                                                 Page ___ of ___
(One and Only One Lot and/or Exception per Page)
                                           Duplicate this sheet as necessary to
indicate EACH LOT, ACREAGE and EXCEPTION SEPARATELY.

County / Municipal Code: ______ Block: _______ Lot: _________ Acres: ______
NJ State Development and Redevelopment Code: (check one)
        (   )   (PA1) Metropolitan               (   )   (PA4) Rural
        (   )   (PA2) Suburban                   (   )   (PA4b) Rural & Environmentally Sensitive
        (   )   (PA3) Fringe                     (   )   (PA5) Environmentally Sensitive
        (   )   (P10) Pinelands                  (   )   Other                           .

EXCEPTION **                                                 (Specific to above Lot)

1. Acreage of exception:                         ________________________________________

2. Site Specific Local Zoning Regulations:       ________________________________________

3. Applicant’s reason for exception:             ________________________________________
   (Describe activities)                         ________________________________________

4. General Location of exception as depicted     _________________________________________
   on attached tax map:                          _________________________________________

5. Is the exception for county and/or municipal farmland preservation                       YES     NO
   and/or open space programs?

6. Can the exception be severed from the premises?                                          YES     NO
   (Refer to General Directions for definition of “severable” and “non-severable”)

7. Does the size of the individual exception exceed local zoning requirements to
   construct one single family residential dwelling?                                        YES     NO

  a. How many building lots or portions thereof are there in excess of the local
       zoning requirements for one single family residential dwelling?                      _________

  b. Is the landowner willing to restrict the exception to only one residential unit?       YES     NO

  c. Will there be any Right To Farm language required in the deed of easement?             YES     NO

8. Will the exception be used solely for non-agricultural uses?                              YES    NO

**      Contact the SADC if you have any questions in regards to
        clarification of exceptions.




                                                         D
RESIDENCES                                                                    Page ___ of ___
Duplicate this sheet as necessary to INDICATE EACH RESIDENCE SEPARATELY.
Do not list residences located within an exception area(s). Residential units will be restricted as
recorded in the deed of easement based on the applicant’s designation and SADC’s subsequent approval.

Are there any residences on the premises that is being preserved?                     YES       NO


Residence A (check one only)

    (   )   Standard Single Family Residence        (   )   Manufactured Home with Perm. Foundation
    (   )   Duplex                                  (   )   Manufactured Home without Foundation
    (   )   Dormitory                               (   )   Single Family with apartment
    (   )   Apartment                               (   )   Other ________________________

Is the structure the Primary Residence?                                               YES       NO
Is the structure for agricultural labor housing?                                      YES       NO
Is the structure under a lease or rental agreement?                                   YES       NO


Residence B (check one only)

    (   )   Standard Single Family Residence        (   )   Manufactured Home with Perm. Foundation
    (   )   Duplex                                  (   )   Manufactured Home without Foundation
    (   )   Dormitory                               (   )   Single Family with apartment
    (   )   Apartment                               (   )   Other ________________________

Is the structure the Primary Residence?                                               YES       NO
Is the structure for agricultural labor housing?                                      YES       NO
Is the structure under a lease or rental agreement?                                   YES       NO


Residence C (check one only)

    (   )   Standard Single Family Residence        (   )   Manufactured Home with Perm. Foundation
    (   )   Duplex                                  (   )   Manufactured Home without Foundation
    (   )   Dormitory                               (   )   Single Family with apartment
    (   )   Apartment                               (   )   Other ________________________


Is the structure the Primary Residence?                                               YES       NO
Is the structure for agricultural labor housing?                                      YES       NO
Is the structure under a lease or rental agreement?                                   YES       NO




                                                            E
OTHER STRUCTURES (Non-Residential)                                         Page ___ of ___
Duplicate this sheet as necessary to INDICATE EACH STRUCTURE SEPARATELY.
Do not list structures located within an exception area(s).

Are there any structures on the Premises to be preserved?                  YES     NO


Structure A (check one only)

   ( ) Barn                                   ( ) Shed
   ( ) Garage                                 ( ) Silo
   ( ) Stable                                 ( ) Other ______________________________

Is the structure for an agricultural use?                                  YES     NO
Is the structure under a lease or rental agreement?                        YES     NO


Structure B. (check one only)

   ( ) Barn                                   ( ) Shed
   ( ) Garage                                 ( ) Silo
   ( ) Stable                                 ( ) Other ______________________________

Is the structure for an agricultural use?                                  YES     NO
Is the structure under a lease or rental agreement?                        YES     NO


Structure C. (check one only)

   ( ) Barn                                   ( ) Shed
   ( ) Garage                                 ( ) Silo
   ( ) Stable                                 ( ) Other ______________________________

Is the structure for an agricultural use?                                  YES     NO
Is the structure under a lease or rental agreement?                        YES     NO



Structure D. (check one only)

   ( ) Barn                                   ( ) Shed
   ( ) Garage                                 ( ) Silo
   ( ) Stable                                 ( ) Other ______________________________

Is the structure for an agricultural use?                                  YES     NO
Is the structure under a lease or rental agreement?                        YES     NO




                                                 F
EASEMENTS AND RIGHTS OF WAY                                                  Page ____ of _____
Duplicate this sheet as necessary to INDICATE EACH EASEMENT SEPARATELY.
Do not list easements located within an exception area(s).

Are there Easements/Rights of Way identified with the Premises to be preserved? YES           NO

Easement A: (check one only)

       (   )   Power Lines                         (   )   Road Rights of Way
       (   )   Water Lines                         (   )   Stream Corridor
       (   )   Telephone Lines                     (   )   Sewer
       (   )   Gas Lines                           (   )   Other __________________________

Effect of Easement:              ________________________________________________

Description of Easement:         ________________________________________________



Easement B: (check one only)

       (   )   Power Lines                         (   )   Road Rights of Way
       (   )   Water Lines                         (   )   Stream Corridor
       (   )   Telephone Lines                     (   )   Sewer
       (   )   Gas Lines                           (   )   Other __________________________

Effect of Easement:              ________________________________________________

Description of Easement:         ________________________________________________



Easement C: (check one only)

       (   )   Power Lines                         (   )   Road Rights of Way
       (   )   Water Lines                         (   )   Stream Corridor
       (   )   Telephone Lines                     (   )   Sewer
       (   )   Gas Lines                           (   )   Other __________________________

Effect of Easement:              ________________________________________________

Description of Easement:         ________________________________________________




                                               G
EXISTING NON-AGRICULTURAL USES                                                        Page ____ of ____
Duplicate this sheet as necessary to INDICATE EACH EASEMENT SEPARATELY.
Do not list non-agricultural uses located within an exception area(s).

Are there Non-agricultural uses on the Premises?                                      YES      NO

List the type and extent of any non-agricultural uses existing on the premises:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________


Note the size and extent of use of any structure utilized as a non-agricultural use:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________


In the event the non-agricultural use involves a lease with another party, identify the individual
or entity leasing the structure and type of business or operation:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________


If non-agricultural events are held on the premises, identify for what purpose and the frequency
of the activity:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

NOTE: Appraisers must be aware of non-agricultural uses and determine their impact on the development
      easement value in their reports pursuant to the SADC Appraiser’s Handbook. If you have any questions
      regarding potential non-agricultural use, please address them to the SADC prior to submission of the
      application.

        An identified non-agricultural use can NOT be expanded after the premises is preserved. However, no
        restrictions will be placed on a non-agricultural use occurring on an exception area.




                                                      H
GENERAL APPLICATION INFORMATION
Agricultural Development Area:                               DESIGNATED              VOLUNTARY

Watershed (First order): (check one)
        ( ) Upper Delaware                          ( ) Passaic
        ( ) Raritan                                 ( ) Atlantic Coastal
        ( ) Lower Delaware

Watershed (Second Order):         (check one)
        (   )   Upper Delaware Tributaries          (   ) Walkill, Pochuck, Papakating
        (   )   Central Delaware Tributaries        (   ) Pompton, Pequannock, Wanaque, Ramapo
        (   )   Lower Passaic, Saddle               (   ) Hackensack, Pascack
        (   )   Upper Passaic, Whippany, Rockaway   (   ) Elizabeth, Rahway, Woodbridge
        (   )   North & South Branch Raritan        (   ) Lower Raritan, South River, Lawrence Brook
        (   )   Millstone                           (   ) Monmouth
        (   )   Barnegat Bay                        (   ) Mullica, Wading
        (   )   Great Egg Harbor, Tuckahoe          (   ) Cape May
        (   )   Maurice, Salem, Cohansey            (   ) Lower Delaware Tributaries
        (   )   Rancocas Creek                      (   ) Crosswicks Creek

Standard Industrial Code (SIC):                                                      _________
(See Appendix)

Total Gross Acres of Application Parcel:                                             _________

Total Acres of Exceptions (Unrestricted Areas):                                      _________

Net Acres of Premises to be Preserved:                                               _________
(Please round to nearest whole number.)



Number of Eligible Residual Dwelling Site Opportunites (RDSO)                        _________




                                                         I
IMMINENCE OF CHANGE OR CONVERSION
Please attach adequate documentation to support responses to this section.

Is the record owner of the Premises involved in an estate situation?               YES    NO

Has the record owner filed for:                   BANKRUPTCY                 FORECLOSURE


SUBDIVISION REQUEST
A copy of municipal resolution is required for consideration.

Type of development being considered for subdivision: (Check One)

        ( ) Residential                           ( ) Commercial
        ( ) Industrial                            ( ) Public Use

Preliminary Approval Date.                                                   __________

Final Approval Date.                                                         __________

Scale of Subdivision                                               MAJOR           MINOR

Enter any other pertinent information to help fully describe the request.
_______________________________________________________________________
_______________________________________________________________________




                                                      J
LOCAL COMMITMENT                                                    Page ___ of ___
If application parcel is located in multiple municipalities please duplicate this sheet as
necessary to INDICATE EACH MUNICIPALITY AND ACREAGE SEPARATELY.

1. Municipality Code from Page D.                                             _________

2.     a) Does local zoning require an average minimum lot of at least three acres
          with clustering and/or mandatory buffering to provide separation
          between development and existing agricultural operations?              YES        NO
       b). Are transfer of development rights/credits available?                      YES   NO
       c)   Is a sliding scale utilized?                                              YES   NO
       d) Is the zoning for very low density? If Yes, provide justification.          YES   NO
       e). Are there other equivalent measures?                     YES NO
             Explain _____________________________________________________
3. Is there sewer or other growth leading infrastructure already serving or
        adjacent to the Premises?                                                     YES   NO

4. Is purchase of development easements consistent with State
       Development and Redevelopment Plan?                                            YES   NO

5. Is there an active municipal liaison with the CADB?              YES NO
  Please provide name and phone number____________________________________

6. Do planning board actions regarding non-agricultural development
       support farmland preservation?                                                 YES   NO

7. Do municipal governing body actions regarding non-agricultural
      development support farmland preservation?                                      YES   NO

8. Has the municipality passed an ordinance approving a municipally
    approved 8 year program (MAFPP)?                                                  YES   NO

9. Have development easements already been purchased in the municipality?             YES   NO

10. Does the municipality have a “Right To Farm” ordinance?                           YES   NO
    Please provide a copy of the municipal ordinance.

11. Does the municipality’s “Right To Farm” ordinance require a developer
    and/or landowner who plans to build or sell a dwelling in an agricultural area,
    to inform through their agent, prospective purchasers of the existence of the
    “Right To Farm” ordinance and the protection it grants to agricultural
    operations. This notification is included in the deed of record.                YES     NO



                                                K
Municipality’s Cumulative Committed Funds for Farmland Preservation since 1980*:

             Budget                        ________________________

             Referendum                    ________________________

             Trust Funds                   ________________________

             Bonds                         ________________________

             Other                         ________________________



             Total Funds                   ________________________



             *        This does NOT include a county tax for open space.




                                              L
SOILS          (This section will be completed by SADC staff; all counties use SSURGO
               data.)
Indicate the percentage of the following types of classification of important farmland soils.

               Prime                                                 _______%
               Statewide                                             _______%
               Local                                                 _______%
               Unique (of value) _______________               _______%
                     List crop(s) grown on unique soil. _________________
                     Please identify unique soils _____________________

               Other (of no value) _______________                   _______%


                                                                     100 %



TILLABLE ACRES
(verified by current Farm Tax Assessment Form and aerial interpretation)

Indicate the percentage of the premises that is classified under the following categories.

               Cropland Harvested                                    ________%
               Cropland Pastured                                     ________%
               Permanent Pasture                                     ________%
               Non-appurtenant woodland                              ________%
               Appurtenant woodland or wetland                       ________%
               Other _______________________                         ________%


                                                                     100 %




                                                 M
BOUNDARIES AND BUFFERS                       (This section will be completed by SADC staff)

Indicate the percentage of the following Buffers and Boundaries to the subject property.

       1.      Deed Restricted Farmland (permanent)                           ________%
       2.      Deed Restricted Wildlife Areas                                 ________%
       3.      Stream (perennial) and Wetlands                                ________%
       4.      Cemeteries                                                     ________%
       5.      Parks (limited public access)                                  ________%
       6.      Military Installations                                         ________%
       7.      Golf Course (public)                                           ________%
       8.      8 Year Programs and EP Applications                            ________%
       9.      Highways (limited access) and Railroads                        ________%
       10.     Farmland (unrestricted)                                        ________%
       11.     Woodlands                                                      ________%
       12.     Parks (high use)                                               ________%
       13.     Residential Development                                        ________%
       14.     Commercial                                                     ________%
       15.     Industrial                                                     ________%
       16.     Schools                                                        ________%
       17.     Other ________________________________                         ________%
                                                                              100%


DENSITY OR CONTIGUOUS PROPERTIES                               (This section will be completed by
SADC staff)

List, by name, lands that are reasonably contiguous (within ½ mile linear distance) to the subject
application which are comprised of: development easement purchase applications approved by
the CADB and received by the SADC during the current round, lands where development
easements have already been purchased, and other permanently deed restricted and active
farmlands along with applications with final approval. Include subject application if not an
isolated parcel.
        __________________________________________________________________
        __________________________________________________________________
        __________________________________________________________________
        __________________________________________________________________
        __________________________________________________________________

List, by name, lands that are reasonably contiguous (within ½ mile linear distance) to the subject
application and enrolled in an 8 Year Farmland Preservation Program.
        __________________________________________________________________
        __________________________________________________________________
        __________________________________________________________________

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