New Jersey § 13:8c-3

§ 13:8c-3.

As used in sections 1 through 42 of this act: 1 “ Acquisition ” or “ acquire ” means the obtaining of a fee simple or lesser interest in land, including but not

limited to a development easement, a conservation restriction or easement, or any

other restriction or easement permanently restricting development, by purchase, installment

purchase agreement, gift, donation, eminent domain by the State or a local government

unit, or devise; except that any acquisition of lands by the State for recreation

and conservation purposes by eminent domain shall be only as authorized pursuant to

section 28 of P.L.1999, c. 152 ( C.13:8C-28 ) ; “ Bonds ” means bonds issued by the trust pursuant to this act; “ Commissioner ” means the Commissioner of Environmental Protection; “ Committee ” means the State Agriculture Development Committee established pursuant to section

4 of P.L.1983, c. 31 ( C.4:1C-4 ); “ Constitutionally dedicated moneys ” means any moneys made available pursuant to Article VIII, Section II, paragraph 7 of the State Constitution or through the issuance of bonds, notes , or other obligations by the trust, as prescribed by Article VIII, Section II, paragraph 7 of the State Constitution and P.L.1999, c. 152 ( C.13:8C-1 et seq. ) , or any moneys from other sources deposited in the trust funds established pursuant

to sections 19, 20, and 21 of P.L.1999, c. 152 ( C.13:8C-19 , C.13:8C-20 , and C.13:8C-21 ) , and appropriated by law, for any of the purposes set forth in Article VIII, Section II, paragraph 7 of the State Constitution or this act; “ Convey ” or “ conveyance ” means to sell, donate, exchange, transfer, or lease for a term of 25 years or more; “ Cost ” means the expenses incurred in connection with: all things deemed necessary or

useful and convenient for the acquisition or development of lands for recreation and

conservation purposes, the acquisition of development easements or fee simple titles

to farmland, or the preservation of historic properties, as the case may be; the

execution of any agreements or franchises deemed by the Department of Environmental

Protection, State Agriculture Development Committee, or New Jersey Historic Trust,

as the case may be, to be necessary or useful and convenient in connection with any

project funded in whole or in part using constitutionally dedicated moneys; the procurement

or provision of appraisal, archaeological, architectural, conservation, design, engineering,

financial, geological, historic research, hydrological, inspection, legal, planning,

relocation, surveying, or other professional advice, estimates, reports, services,

or studies; the purchase of title insurance; the undertaking of feasibility studies;

the establishment of a reserve fund or funds for working capital, operating, maintenance,

or replacement expenses and for the payment or security of principal or interest on

bonds, as the Director of the Office of Management and Budget in the Department of the Treasury may determine; and reimbursement to any fund of

the State of moneys that may have been transferred or advanced therefrom to any fund

established by this act, or any moneys that may have been expended therefrom for,

or in connection with, this act; “ Department ” means the Department of Environmental Protection; “ Development ” or “ develop ” means, except as used in the definitions of “acquisition” and “development easement”

in this section, any improvement made to a land or water area designed to expand and

enhance its utilization for recreation and conservation purposes, and shall include

the construction, renovation, or repair of any such improvement, but shall not mean

shore protection or beach nourishment or replenishment activities; “ Development easement ” means an interest in land, less than fee simple title thereto, which interest represents

the right to develop that land for all nonagricultural purposes and which interest

may be transferred under laws authorizing the transfer of development potential; “ Farmland ” means land identified as having prime or unique soils as classified by the Natural

Resources Conservation Service in the United States Department of Agriculture, having

soils of Statewide importance according to criteria adopted by the State Soil Conservation

Committee, established pursuant to R.S.4:24-3 , or having soils of local importance as identified by local soil conservation districts,

and which land qualifies for differential property taxation pursuant to the “Farmland

Assessment Act of 1964,” P.L.1964, c. 48 ( C.54:4-23.1 et seq. ), and any other land on the farm that is necessary to accommodate farm practices

as determined by the State Agriculture Development Committee; “ Farmland preservation ,” “ farmland preservation purposes , ” or “ preservation of farmland ” means the permanent preservation of farmland to support agricultural or horticultural

production as the first priority use of that land; “ Garden State Farmland Preservation Trust Fund ” means the Garden State Farmland Preservation Trust Fund established pursuant to

section 20 of P.L.1999, c. 152 ( C.13:8C-20 ) ; “ Garden State Green Acres Preservation Trust Fund ” means the Garden State Green Acres Preservation Trust Fund established pursuant

to section 19 of P.L.1999, c. 152 ( C.13:8C-19 ) ; “ Garden State Historic Preservation Trust Fund ” means the Garden State Historic Preservation Trust Fund established pursuant to

section 21 of P.L.1999, c. 152 ( C.13:8C-21 ) ; “ Green Acres bond act ” means: P.L.1961, c. 46; P.L.1971, c. 165; P.L.1974, c. 102; P.L.1978, c. 118;

P.L.1983, c. 354; P.L.1987, c. 265; P.L.1989, c. 183 ; P.L.1992, c. 88 ; P.L.1995, c. 204 ; and any State general obligation bond act that may be approved after the date of

enactment of this act for the purpose of providing funding for the acquisition or

development of lands for recreation and conservation purposes or for farmland preservation

purposes; “ Historic preservation ,” “ historic preservation purposes ,” or “ preservation of historic properties ” means any work relating to the conservation, improvement, interpretation, preservation,

protection, rehabilitation, renovation, repair, restoration, or stabilization of any

historic property, and shall include any work related to providing access thereto

for persons with disabilities ; “ Historic property ” means any area, building, facility, object, property, site, or structure approved

for inclusion, or which meets the criteria for inclusion, in the New Jersey Register

of Historic Places pursuant to P.L.1970, c. 268 ( C.13:1B-15.128 et seq. ); “ Indoor recreation ” means active recreation that otherwise is or may be pursued outdoors but, for reasons

of extending the season or avoiding inclement weather, is or may be pursued indoors

within a fully or partially enclosed building or other structure, and includes basketball,

ice skating, racquet sports, roller skating, swimming, and similar recreational activities

and sports as determined by the Department of Environmental Protection; “ Land ” or “ lands ” means real property, including improvements thereof or thereon, rights-of-way, water,

lakes, riparian and other rights, easements, privileges , and all other rights or interests of any kind or description in, relating to, or

connected with real property; “ Local government unit ” means a county, municipality, or other political subdivision of the State, or any

agency, authority, or other entity thereof; except, with respect to the acquisition

and development of lands for recreation and conservation purposes, “ local government unit ” means a county, municipality, or other political subdivision of the State, or any

agency, authority, or other entity thereof the primary purpose of which is to administer,

protect, acquire, develop, or maintain lands for recreation and conservation purposes; “ New Jersey Historic Trust ” means the entity established pursuant to section 4 of P.L.1967, c. 124 ( C.13:1B-15.111 ); “ Notes ” means the notes issued by the trust pursuant to this act; “ Permitted investments ” means any of the following securities: (1) Bonds, debentures, notes , or other evidences of indebtedness issued by any agency or instrumentality of the

United States to the extent such obligations are guaranteed by the United States or

by another such agency the obligations (including guarantees) of which are guaranteed

by the United States; (2) Bonds, debentures, notes , or other evidences of indebtedness issued by any corporation chartered by the United

States, including, but not limited to, Governmental National Mortgage Association,

Federal Land Banks, Federal Home Loan Mortgage Corporation, Federal National Mortgage

Association, Federal Home Loan Banks, Federal Intermediate Credit Banks, Banks for

Cooperatives, Tennessee Valley Authority, United States Postal Service, Farmers Home

Administration, Resolution Funding Corporation, Export-Import Bank, Federal Financing

Bank , and Student Loan Marketing Association; (3) Bonds, debentures, notes , or commercial paper rated in the highest two rating categories without regard to

rating subcategories (derogation) by all nationally recognized investment rating agencies

or by a nationally recognized investment rating agency if rated by only one nationally

recognized investment rating agency; (4) Repurchase agreements or investment agreements issued by (i) a commercial bank

or trust company or a national banking association, each having a capital stock and

surplus of more than $100,000,000, or (ii) an insurance company with the highest rating

provided by a nationally recognized insurance company rating agency, or (iii) a broker/dealer,

or (iv) a corporation; provided that the credit of such commercial bank or trust

company or national banking association or insurance company or broker/dealer or corporation,

as the case may be, is rated (or, in the case of a broker/dealer or corporation, whose

obligations thereunder are guaranteed by a commercial bank or trust company or a national

banking association or insurance company with the highest rating provided by a nationally

recognized insurance company rating agency or corporation whose credit is rated) not

lower than the “AA” category without regard to rating subcategories (derogation) of

any two nationally recognized investment rating agencies then rating the State; provided

that any such agreement shall provide for the investment of funds and shall be collateralized

by obligations described in paragraph 1 or paragraph 2 or paragraph 3 above at a level

of at least one hundred and two (102) percent in principal amount of those obligations; “ Pinelands area ” means the pinelands area as defined pursuant to section 3 of P.L.1979, c. 111 ( C.13:18A-3 ); “ Pinelands regional growth area ” means a regional growth area established pursuant to the pinelands comprehensive

management plan adopted pursuant to P.L.1979, c. 111 ( C.13:18A-1 et seq. ); “ Project ” means all things deemed necessary or useful and convenient in connection with the

acquisition or development of lands for recreation and conservation purposes, the

acquisition of development easements or fee simple titles to farmland, or the preservation

of historic properties, as the case may be; “ Qualifying open space referendum county ” means any county that has: (1) approved and implemented, and is collecting and

expending the revenue from, an annual levy authorized pursuant to P.L.1997, c. 24 ( C.40:12-15.1 et seq. ) for an amount or at a rate equivalent to at least one half of one cent per $100

of assessed value of real property, or for an amount or at a rate established by the

county and in effect as of April 1, 1999, whichever is greater; or (2) adopted an

alternative means of funding for the same or similar purposes as an annual levy, which

the Department of Environmental Protection, in consultation with the committee and

the New Jersey Historic Trust, approves to be stable and reasonably equivalent in

effect to an annual levy; “ Qualifying open space referendum municipality ” means any municipality that has: (1) approved and implemented, and is collecting

and expending the revenue from, an annual levy authorized pursuant to P.L.1997, c. 24 ( C.40:12-15.1 et seq. ) for an amount or at a rate equivalent to at least one half of one cent per $100

of assessed value of real property, or for an amount or at a rate established by the

municipality and in effect as of April 1, 1999, whichever is greater; or (2) adopted

an alternative means of funding for the same or similar purposes as an annual levy,

which the Department of Environmental Protection, in consultation with the committee

and the New Jersey Historic Trust, approves to be stable and reasonably equivalent

in effect to an annual levy; “ Qualifying tax exempt nonprofit organization ” means a nonprofit organization that is exempt from federal taxation pursuant to section 501 (c)(3) of the federal Internal Revenue Code , 26 U.S.C. s.501 (c)(3) , and which qualifies for a grant pursuant to section 27, 39, or 41 of P.L.1999, c. 152 ( C.13:8C-27 , 13:8C-39 , or 13:8C-41 ) ; “ Recreation and conservation purposes ” means the use of lands for beaches, biological or ecological study, boating, camping,

fishing, forests, greenways, hunting, natural areas, parks, playgrounds, protecting

historic properties, water reserves, watershed protection, wildlife preserves, active

sports, or a similar use for either public outdoor recreation or conservation of natural

resources, or both; and “ Trust ” means the Garden State Preservation Trust established pursuant to section 4 of P.L.1999, c. 152 ( C.13:8C-4 ) . 1

N.J.S.A. §§ 13:8C-1 to 13:8C-42.