3. Main “Preservation” Provisions
NCC can be used to preserve agricultural land,
open space or historic sites
Results in permanent preservation of resources
4. Main “Preservation” Provisions
NCC can be used to preserve agricultural land,
open space or historic sites
Results in permanent preservation of resources
Use of recorded deed restrictions on preservation
area parcels (run with the land)
5. Main “Preservation” Provisions
NCC can be used to preserve agricultural land,
open space or historic sites
Results in permanent preservation of resources
Use of recorded deed restrictions on preservation
area parcels (run with the land)
Preserved land may be privately owned; and can be
sold to new owners in the future (does not have to
be owned by public entity or homeowners association)
6. Main “Preservation” Provisions
NCC can be used to preserve agricultural land,
open space or historic sites
Results in permanent preservation of resources
Use of recorded deed restrictions on preservation
area parcels (run with the land)
Preserved land may be privately owned; and can be
sold to new owners in the future (does not have to
be owned by public entity or homeowners association)
State of NJ, in addition to municipality, has the right of
enforcement
9. Successfully Accomplishing
Preservation Goals
Moving beyond generic goal of
“Stopping development”
Getting VERY clear on preservation
goals – what resources are being
protected and why?
Identifying and prioritizing
Preservation Area lands to
match conservation goals
10. Agricultural Restriction Details
Municipalities “shall” use agricultural
restrictions template provided by
SADC, or
Obtain SADC approval of alternate
restrictions consistent with ARDA
(N.J.S.A. 4:1C-13)
Municipality must have RTF
ordinance
Ag lands preserved via cluster eligible
for RTF benefits
11. Open Space and Historic Sites
Restriction Details
Open Space restriction “may” be same as
template provided by DEP.
Historic restriction “may” be template provided by
NJ Historic Trust “or” approved by the Trust.
Both open space and historic conservation
restrictions must be consistent with “NJ
Conservation Restriction and Historic Preservation
Restriction Act” of 1979 (N.J.S.A. 13:8B-2).
12. Prioritizing Conservation Goals
Farmland
- Agricultural soil quality
- Farm infrastructure
- “Targeted” farm status?
- Proximity to other farms
- Development pressure
- Farm size
- “Hole in the donut”?
- Other
Open Space
- Forests, woodlands
- Recreation
- Stream corridors, wetlands - Open space plans
- Habitat
- Aquifer recharge
Historic Sites
Taking Flight / Long Pond Ironworks State Park,
West Milford / Alan Babbitt
24. Summary
NCC can be effective tool to augment existing
preservation efforts
Identifying development capacity of growth
areas critical
Prioritize preservation opportunities –
BE STRATEGIC!
Seek help from state agencies!
25. For more information:
State Agriculture Development Committee
(www.state.nj.us/agriculture/sadc.htm)
Email: sadc@ag.state.nj.us
Phone: 609 - 984 - 2504
New Jersey Historic Trust
(www.njht.org/dca/njht/)
Email: njht@dca.state.nj.us
Phone: 609 - 984 - 0473
New Jersey Dept. of Environmental Protection
Division of Land Use Management
(http://www.nj.gov/dep/lum/)
Phone: 609 – 292 - 2178