H.GEORGE BUCKWALD, CHAIRMAN PETER CARLSON, VICE CHAIRMAN DIRECTOR JAMES F. LACEY, FREEHOLDER DIRECTOR JAM ES J. MANCINI, FREEHOLDER RICHARD E. LANE, COUNTY ENGINEER DONALD P. BERTRAND SHERRY H. IRVIN GERRY P. LITTLE JOANN M. PETRIZZO OHN P. KELLY, FREEHOLDER, ALTERNATE WILLIAM R. ENNIS, ALTERNATE DAVID E. McWILLIAMS, ALTERNATE  RONALD A. LOTRECCHIO, ALTERNATE

OCEAN COUNTY PLANNING BOARD  Po Box 2191  Toms River, New Jersey 08754-2191  Telephone (732) 929-2054  Telecopier (732) 244-8396

ALAN W. AVERY, JR.  DIRECTOR  JOHN C. SAHRADNIK  COUNSEL MARY ANN CILENTO  SECRETARY

John  A. Peterson, Chairman 
Natural Lands Trust Fund Advisory Committee

John A. Peterson...... Edmund Bennett....... Paul C. Brush........... Ronald Dancer.......... Thomas Gormley...... Lucy Greene.............. Theresa Lettman........ Gerry P. Little............ Pearl Schwartz...........

Chairman Member Member Member Member Member Member Member Member

Alan W. Avery, Jr., PP........... Kathleen C. Edmond, PP..... David J. McKeon.................. Pieter Waldenmaier................ Anthony M. Agliata, PP,CLA..... Victoria K. Goldberg, PP,CLA...... Daniel J. Adams.................. Stephen Childers................ Stefany Gesser................... Dianne V. Gavin.................. Robin L. Florio.................... Brian McConaghy............... Gerald Fishman................... Mary Ann Cilento................. Sharon A. Anderson............ Ruth Przybilski...................... Linda Roberts....................... Jean Coale............................ Patricia G. Lane....................

Director Supervising Planner Supervising Planner Principal Planner Senior Planner Assistant Planner Assistant Planner Administrative Analyst Administrative Analyst Senior Program Monitor Assistant Administrative Analyst Research Aide Senior Drafting Technician Administrative Clerk Typing Principal Clerk Typist Principal Clerk Typist Principal Account Clerk Typist Senior Clerk Typist Senior Clerk Typist

 
 

Purpose Of Report

The purpose of this report is to establish program guidelines for the acquisition of natural land parcels and farmland development easements through the implementation of the Ocean County Natural Lands Trust Fund. This program was established by the Ocean County Board of Chosen Freeholders following the approval by the residents of Ocean County of a ballot question on November 4, 1 997 authorizing creation of a trust fund in accordance with P.L. 1 997, c.24. In summary, the Ocean County Natural Lands Trust Fund would be used to acquire and maintain lands for the purposes of preserving and protecting environmentally sensitive lands, natural areas and open spaces, and preserving farmland. Trust funds would also be used for related administrative costs as well as maintenance of acquired properties. This is envisioned as a special program in addition to the County’s ongoing program of park acquisition and development of recreational facilities.
 
 

INTRODUCT1ON AND BACKGROUND TO THE NATURAL LANDS PROGRAM:
 
 

Over the last several decades, Ocean County has been the most rapidly developing county in the State. Since 1 950, the County has attracted hundreds of thousands of new residents, increasing its population by over 700 percent. The County has attracted large numbers of both retirees and young families looking to buy their first homes. Reasons for this tremendous growth include the availability of relatively inexpensive land, the construction of the Garden State Parkway and the close proximity of the County to the cities of New York, Philadelphia and Atlantic City. Equally important has been the numerous natural and recreational attributes of Ocean County, including the beaches, bays and forests which continue to attract thousands of seasonal visitors and new year round residents.

The continued popularity of Ocean County as a place to live and work has threatened the natural amenities which attracted many residents in the past. The loss of natural areas to development has impacted the environmental resources of Ocean County including water supply resources, surface water quality and critical wildlife habitats. There has also been a loss of community identity as natural areas which originally buffered older communities have disappeared. The aesthetic benefits provided by these natural areas is harder to quantify, but is no less important to many residents.

A common viewpoint is that environmental protection and economic development are in direct opposition. Many residents are becoming increasingly aware of the positive relationship between economic development and environmental protection. A significant degradation in the natural resources and quality of life of an area naturally affects its attractiveness and eventually property values and the local economy. This issue is of particular concern to an area with a heavy reliance on the tourism industry.
 
 

RECENT ENVIRONMENTAL PROTECTION EFFORTS:
 
 

Perhaps the greatest single program to improve and maintain environmental quality in Ocean County was the development of a regional sewer system in the 1 970’s. This program eliminated many septic systems and the discharge of effluent from numerous sewage treatment into rivers and bays of the County. Major protection efforts since that time have focused on land use regulation, and include such regional programs as the Pinelands Protection Act, the Tidal and Freshwater Wetlands Protection Acts and the Coastal Zone Management Program. These programs operate in different ways, but essentially regulate how land can be used in different areas of the County.

However, these programs are limited in scope and can have impacts which are not coordinated. Each regulatory program focuses on specific regions, environmental characteristics or development patterns. There can be certain development types or impacts on interrelated ecosystems which are not addressed through regulatory programs.

Permitting processes of regulatory programs can also be cumbersome and increase development costs. In addition, the fact that these programs function by

restricting development activities on properties can have a profound effect on property values. There have been numerous instances where land owners have filed legal challenges against regulatory programs claiming the right to use their properties was taken without providing just compensation as required by law.
 
 

NATURAL LANDS PROPOSAL:
 
 

Out of this background of rapid development and regulatory program conflicts, the Ocean County Natural Lands Program was proposed and developed. The initial motivation behind the proposal was the publication of "The Century Plan" in 1 995, by the Trust for Public Land. The report documented significant remaining natural parcels in the Barnegat Bay Watershed of Ocean County, describing important floral and fauna species present at each of them.

The framework of the proposal began towards the end of 1 996 with the formation of an ad hoc group known as the Ocean County Partnership for Natural Lands. The group was comprised of volunteers from local organizations well known in County environmental protection efforts and from staff from the Trust for Public Land and Ocean County Government. The Partnership explored various ways to preserve lands listed within "The Century Plan" and throughout Ocean County.

The focus of the initiative centered on the many benefits conveyed by leaving land in its natural state. Certain lands for instance may directly drain into surface water or recharge potable groundwater supplies. Land may provide a unique habitat required by local populations of threatened or endangered species. Land can also provide a buffer between different development types in an area. Preserving the land could assist in reducing traffic congestion, "visual" pollution and the degradation of other aesthetic attributes which attracted many residents to Ocean County.

The Partnership for Natural Lands reviewed open space programs from other counties and commissioned a professional opinion poll funded by the Trust for Public Land. The poll contained a wide variety of questions on environmental issues, and questions which cross-referenced property taxes and quality of life issues. The poll

also solicited feedback on the acquisition of lands for active recreation vs. natural land preservation.

The result of these deliberations was a new proposed acquisition program. The proposal focused on developing a program to bring additional land into public ownership. Lands to be acquired would primarily be undeveloped lands that would be held by the public in their natural state. Funding would be provided under P.L. 1 997, c.24 which permitted counties to establish a County Open Space, Recreation and Farmland and Historic Preservation Trust Fund. This initiative would require voter approval of a dedicated tax for this purpose.

The recommendations of the Partnership were presented to the Board of Chosen Freeholders in the summer of 1 997. A series of discussions were held between the Partnership and County officials to develop a program specific to the needs of Ocean County, as permitted by the statute. The concept developed into a proposed program that would, following voter approval, have the Ocean County Board of Chosen Freeholders establish a special program to acquire and maintain lands that were environmentally sensitive and to preserve farmland. The County of Ocean would retain ownership of the natural land properties acquired. The lands would generally remain in their natural state.

On July 16, 1 997 the Board of Chosen Freeholders unanimously adopted a resolution authorizing the placement of a public question on the November 4, 1 997 ballot concerning a proposition authorizing the County of Ocean to create a trust fund in order to acquire lands for conservation purposes and farmland purposes and to pay certain costs and debt service related thereto. The ballot question asked if voters would be willing to increase property taxes up to 1 .2 cents per $1 00 of total County equalized real property valuation for these purposes. The ballot question met with an overall approval rating of 61 percent, with voters in each of the County’s 33 municipalities approving the referendum.

On February 18, 1 998, the Ocean County Board of Chosen Freeholders established a nine member Natural Lands Trust Fund Advisory Committee to advise on the preparation of the required open space plan and on the nomination of properties to be acquired through the Natural Lands Trust Fund (NLTF). The Committee’s purpose was to review nominations for the Trust Fund and to forward recommendations to the Board of Chosen Freeholders for consideration.
 
 

As part of the FYI 998 budget of the County of Ocean, the Board of Chosen Freeholders struck a tax rate of 1 .2 cents per $ 1 00 of total County equalized real property valuation to fund the Ocean County Natural Lands Trust Fund Program. It was calculated that the levy would generate $3.9 million for the first program year. Each year, the Board of Chosen Freeholders must determine the amount of the natural lands assessment. The amount of the dedicated tax would not exceed the total rate authorized by the voters, but the Board could set an amount less than the total in any given year.
 
 

ACQUISITION PROGRAM:
 
 

The Natural Lands Trust Fund Program is to acquire and maintain lands that are environmentally sensitive, natural areas or open spaces which would generally remain in their natural state and for the preservation of farmland. The lands purchased would protect farmland, water quality, open space, wetlands and other natural lands with unique or sensitive features.

The Natural Lands Trust Fund Program is a means to supplement the on going efforts of federal, State, County and municipal programs of providing park land, active recreational opportunities and open space. Accordingly, the goal of the Natural Lands Trust Fund Program is to establish a system of protected lands which in combination with the Farmland Preservation Program enhances the quality of life in Ocean County
by:
 

1. helping maintain the rural character of the County;
2. protecting critical environmental resources of the County;
3. maintaining and enhancing active agriculture in the County;
4. buffering areas that are not compatible for development in the County.

Project Objectives

Based on this goal, the objectives of the Natural Lands Trust Fund Program are to provide for:

The Natural Lands Trust Fund Program has the potential to assist the County, municipalities and other public and nonprofit organizations to work cooperatively to ensure that the basic characteristics of open space in the County are permanently protected. The specific program strategies to implement the goals and objectives include:

Consistent with the provisions of P.L. 1 997c.24 and the referendum approved by the voters of Ocean County, Trust Fund money may be used for the following purposes:
 
 

It is the intent of the Board of Chosen Freeholders to minimize the administrative costs of implementing the Natural Lands Trust Fund Program. The Board has designated the Ocean County Department of Planning to be the lead agency in administering the funds. Initially, existing staff from the Planning Department in conjunction with staff from the Department of Parks and Recreation and County Counsel would provide program support. As the program matures, it may be necessary to supplement these existing support services, and Trust Funds may be used

for that purpose. In addition, administrative expenses such as appraisal reports, surveys, title searches and legal costs would be covered through the Trust Fund. As a general guideline, approximately 1 0 percent of the Trust Fund would be used for administrative costs and for required maintenance of acquired properties. The Board could adjust this as required.
 
 

The Committee would establish a formal procedure for the acceptance and review of nominations for lands to be acquired or otherwise protected under this program. The Committee has proposed to develop a framework to determine the desirability of nominations. The Committee intends to review the environmental characteristics of each parcel to determine the benefits which could be realized through preservation. A review checklist would be used to catalog attributes of each parcel and the degree to which the nominated property would contribute to the goals and objectives of the program.
 
 

General guidelines which would be used to review Natural Lands nominations are as follows:

ACQUISITION OF FARMLAND PRESERVATION EASEMENTS
 
 

The Ocean County Agriculture Development Board (OCADB) has been participating in the Statewide Farmland Preservation Program since the 1980’s. The program works by purchasing the development easements on approved farms, deed restricting the property to agricultural use only. The landowner is paid the difference between the calculated value of the property fully developed vs. the current agricultural value of the land. The land remains in private ownership and on the tax roles. As of July 1998, nine farms totaling 1,495 acres have been preserved all in Plumsted Township. Another four farms totaling 230 acres have received final approval.

The State Agriculture Development Committee (SADC) administers the program at the State level and provides most of the funding required to purchase development easements. Therefore, approval from the SADC has been required to preserve any Ocean County farm. To date, the SADC has provided grants to Ocean County totaling $2.89 million, representing 60 to 80 percent of the development easement costs on Ocean County’s preserved farms. Plumsted Township has also contributed over $100,000 towards the preservation of the farms in that municipality. County funds for this program have been provided by a bond ordinance approved by the Board of Chosen Freeholders.

The OCADB conducts a review of new applications each spring. The SADC scoring formula is used to rank applications and determine which are forwarded to the Board of Chosen Freeholders for preliminary approval. Upon Freeholder approval, a wetlands investigation and two professional appraisal reports are authorized to determine the development value of the property. The application packages are then forwarded to the

SADC which ranks the applications received statewide and certifies the development values. If the approved Ocean County applicants accept their development values and sufficient State funding is available, the OCADB recommends final approval of the applications to the Board of Chosen Freeholders. Upon Board approval, authorization is granted for property surveys, title and tax searches, and all other actions required for acquiring the development easement.
 
 

To date, State funding for the farmland preservation program has been very limited. Ocean County is one of sixteen New Jersey Counties participating in the program. Since the SADC ranking formula favors large blocks of contiguous farmland, only the farms in Plumsted Township have been competitive enough to receive State funding in Ocean County. Also, the SADC has a policy by which many applicants need to accept a development value below the fair market value in order to increase in priority and receive funding. The OCADB has stated its opposition to this requirement and has also advocated for the preservation of farms in other parts of the County. These smaller farms are unique reminders of the historic beginnings of many of the County’s communities. They also provide some of the few remaining open spaces in otherwise developed areas. In accordance with P.L. 1997, c.24, the Ocean County Natural Lands Trust Fund could be used to acquire development easements on some of these farms. The landowners must be willing sellers and the property farmland assessed. Selection of farmland for acquisition for farmland preservation purposes would be in accordance with the provisions of the New Jersey Agriculture Retention and Development Act.

Applications for farmland preservation would continue to go to the Ocean County Agriculture Development Board for review and ranking of the farms. Higher ranking applications which appear eligible for State funding would continue to be processed by the OCADB in the usual manner. Eligible applications which may not qualify for direct State funding would be forwarded to the NLTF for review and approval. Based upon favorable review, the NLTF Committee would authorize the required appraisal reports, make determinations on development easement values, and forward recommendations to the Board of Chosen Freeholders for approval. The development easement value would be calculated consistent with the requirements adopted by the SADO and currently used for the Ocean County Farmland Preservation Program. Notification of approvals would be transmitted to the OCADB. Where applicable, the County would seek reimbursement for development easement costs from the SADO. Any funds received from the SADC would be returned to the Natural Lands Trust Fund.

No non-agricultural development would be permitted on preserved farmland. All activities must be consistent with those permitted under the deed of easement and with the adopted policies of the State Agriculture Development Committee. No non-agricultural activities would be permitted unless they existed prior to the purchase of the development easement and the continuation of such activities was approved by the Committee and the Board of Chosen Freeholders prior to closing. No public access to farmland preserved under the Farmland Preservation Program would be provided.

Monitoring of preserved farmland must be conducted on an annual basis to ensure compliance with the provisions of the development restriction. Monitoring would be conducted by members of the Ocean County Agriculture Development Board, which would transmit a copy of their inspection reports to the Natural Land Trust Fund Committee. Landowners must be provided with at least 48 hours written notification prior to inspection and must not unreasonably deny access to the property. For all parcels which received funding or reimbursement from the State Agriculture Development Committee, inspections would conform to the adopted SADC monitoring policy, including the required transmission of inspection reports.
 
 

PERMITTED USES OF ACQUIRED NATURAL LANDS PARCELS:
 
 

Public access would be welcomed on all natural lands acquired through the program, consistent with the conservation values of the properties. Only passive, low intensity activities would be permitted. The Board of Chosen Freeholders should consider adoption of a resolution governing use of acquired properties, similar to the Resolution Covering the Use of Ocean County Parks and Open Space. Limited development opportunities would be allowed to support permitted activities consistent with the conservation value of the property. Permitted facilities may include, but would not be limited to trail development and maintenance, installation of benches and trash receptacles or construction of limited parking areas. No active recreational facilities such as ball fields and golf courses would be developed with these funds.

Restoration activities would also be permitted in certain cases, such as on lands previously used for mining operations or parcels with disturbed or altered shorelines. Improvement and restoration costs would not come from the NLTF. Rather, these activities may be funded through other County funds or contributions from other government agencies, non-profit organizations or private donors. The cost of restoration could also be offset by negotiating a lower purchase price of the land with the seller.
 
 

MONITORING AND MAINTENANCE OF NATURAL LANDS PARCELS
 
 

All parcels purchased through the NLTF must be monitored and maintained. Acts of vandalism or illegal dumping can quickly defeat the environmental protection goal of the program. Monitoring will be based on a comprehensive inventory of all parcels within the program. Land parcels would be mapped on the County Geographic Information System (GIS) and information would be updated as required. Physical monitoring and maintenance of acquired sites would involve a number of parties, including the County Departments of Parks, Security, and Buildings & Grounds, as well as non-profit agencies and municipalities. A regular maintenance program would be developed for preserved parcels to ensure that trash is removed and any parking areas, benches, trails or other permitted improvements remain in proper order. The specific level of monitoring and maintenance afforded to a parcel would be dependent upon the resource value of the parcel and or the terms of acquisition.