reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 20 - FARMLAND STEWARDSHIP PROGRAM › Section 2:76-20.17 - Evaluation of implementation projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee shall evaluate implementation projects based on whether the projects will promote the long-term viability of the preserved farm as well as agriculture as an industry in the State.
(b) The Committee shall evaluate implementation projects based upon the following criteria as found in the feasibility plans:
1. Beneficial business impact:
i. Priority shall be given to implementation projects wherein the opportunity to increase farm employment opportunities, customer access to agricultural products, value of the agricultural output and farm purchases from local agribusinesses exists; and
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 20 - FARMLAND STEWARDSHIP PROGRAM › Section 2:76-20.18 - Implementation of approved implementation projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Project implementation shall commence within six months of funding approval or the application may be cancelled unless the farmer submits a request for extension, in writing, to the Committee, providing reasons for such extension. In no case shall such extensions be granted for more than six additional months.
(b) Project completion shall be in conformance with the recommendations as set forth in the approved feasibility plan.
(c) The Committee shall obligate the funds necessary for the implementation of feasibility plan recommendations for a period of three years. The applicant, in writing, may request an extension of completion of the project of the Committee, providing reasons for such extension. In no case shall such extensions be granted for more than one year.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 20 - FARMLAND STEWARDSHIP PROGRAM › Section 2:76-20.19 - Lead coordinator and technical consultant fee payment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every lead coordinator and technical consultant retained by the Committee shall enter into a consultant agreement with the Committee setting forth the terms and conditions for the technical services to be provided for each feasibility plan.
(b) Lead coordinators and technical consultants shall be compensated for their services at an agreed-upon rate which will be reflected in the consultant agreement between the lead coordinators, technical consultants and the Committee.
1. Lead coordinators and technical consultants shall not receive compensation for travel expenses.
2. Lead coordinators and technical consultants shall not be reimbursed for other expenses, including meals, tolls and parking.
3. Lead coordinators and technical consultants shall, at the termination of the services, file with the Committee a statement on a form approved by the Committee listing the total fee for services rendered.
4. Lead coordinators and technical consultants shall not be considered employees of the Committee.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 20 - FARMLAND STEWARDSHIP PROGRAM › Section 2:76-20.21 - Failure to comply

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Committee determines that an applicant fails to comply with the provisions for maintenance of the project, the Committee shall advise the landowner of required corrective measures.
(b) The landowner shall not be liable for inadequate maintenance or destruction of a project(s) if caused by a natural disaster that could not have been reasonably anticipated.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 20 - FARMLAND STEWARDSHIP PROGRAM › Section 2:76-20.22 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee shall retain copies of application forms, feasibility plans, performance reports, and all other related information pertaining to the applicant and approved projects for a period of eight years.
(b) All application forms, feasibility plans, performance reports, and all other related information pertaining to the applicant and approved projects containing commercial or financial information of a sort not customarily disclosed to the public and which disclosure would be likely to result in placing the person submitting the information at a competitive disadvantage, shall be deemed to be confidential and not subject to review or reproduction under the provisions of 47:1A-1 et seq.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 21 - ADMINISTRATIVE GRANTS TO COUNTIES › Section 2:76-21.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter establishes a program to provide matching grants to county agriculture development boards (boards) for the administration of the development easement acquisition program (N.J.A.C. 2:76-6 ) and the planning incentive grant program (N.J.A.C. 2:76-17 ) subject to available funding.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 21 - ADMINISTRATIVE GRANTS TO COUNTIES › Section 2:76-21.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
As used in this subchapter, the following words and terms shall have the following meaning:
"Board" means a county agriculture development board established pursuant to 4:1C-14 or a sub-regional agricultural retention board established pursuant to 4:1C-17.
"Farmland preservation plan" means a comprehensive plan prepared by boards projecting a county's farmland preservation goals for the next five to 10 years.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 21 - ADMINISTRATIVE GRANTS TO COUNTIES › Section 2:76-21.3 - Eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be eligible for a grant, a board shall have already completed a farmland preservation plan or shall agree to complete a farmland preservation plan within six months of the Committee's approval of a grant request.
1. The farmland preservation plan shall be updated annually and submitted to the Committee each year in which a grant is awarded by the Committee.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 21 - ADMINISTRATIVE GRANTS TO COUNTIES › Section 2:76-21.4 - Grant requirements

Current through Register Vol. 56, No. 14, July 15, 2024
Grants shall be used for creating and filling staff positions that were created subsequent to January 2001 solely for generating and processing applications under the development easement acquisition program and the planning incentive grant program.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 21 - ADMINISTRATIVE GRANTS TO COUNTIES › Section 2:76-21.5 - Amount of grant

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Grant amounts shall be 50 percent of the cost of creating and filling new staff positions. Cost shall be limited to the following:
1. Salary; and
2. Fringe benefits.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 21 - ADMINISTRATIVE GRANTS TO COUNTIES › Section 2:76-21.6 - Applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A county shall obtain grant application forms from the Committee.
(b) Completed application forms shall be submitted to the Committee by January 17, 2002, for fiscal year 2002 and by April 1 for future grant requests.
(c) The application form shall request the following information:
1. County requesting grant;
2. Grant amount requested;
3. Title of new position created subsequent to January 2001, for purposes described in 2:76-21.4;
4. Agency or unit where the position will be established;
5. Person supervising position;
6. Salary and fringe benefits allocated to fund the position;
7. Verification that the position was approved by the Board of Chosen Freeholders or other appropriate authority;
8. Anticipated work hours and permanency of the position;
9. Anticipated duties of the position;
10. Copy (if available) and status of county's farmland preservation plan; and
11. Number and acres of applications pending pursuant to 2:76-21.7(a)2.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 21 - ADMINISTRATIVE GRANTS TO COUNTIES › Section 2:76-21.7 - Awarding of grant

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee shall determine the priority of allocating grants to counties according to the following factors:
1. Priority shall first be given to counties that have the most agricultural lands to potentially be preserved, indexed to the county in the State with the most agricultural land to potentially be preserved, based on the 1997 Agricultural Census or most current U.S. Agricultural Census data available and adjusted for acreage already preserved for agricultural purposes.
i. Grant applications shall be assigned a maximum of 50 points identifying farmland preservation potential based on the following formula:
County Preservation Potential (Acres) / County With Highest Preservation Potential (Acres) x 50 = ____ points
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 21 - ADMINISTRATIVE GRANTS TO COUNTIES › Section 2:76-21.8 - Annual review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Board that has received a grant shall provide the Committee with an annual performance review of each new staff person that was funded with the grant indicating the benefits and accomplishments resulting from the position.
(b) Annual performance summaries shall be filed with the Committee by August 15 of each year a grant is awarded.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 22 - SPECIAL PERMIT FOR COMMERCIAL NONAGRICULTURAL ACTIVITY ON PRESERVED FARMLAND › Section 2:76-22.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter applies to the issuance of any special permit pursuant to NJ.S.A. 4:1C-32.1 to allow a rural microenterprise activity to occur on qualifying land.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 22 - SPECIAL PERMIT FOR COMMERCIAL NONAGRICULTURAL ACTIVITY ON PRESERVED FARMLAND › Section 2:76-22.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to establish the process for any person who owns qualifying land from which a development easement was conveyed to, or retained by, the Committee, a board, or a qualifying tax exempt nonprofit organization to apply for a special permit, pursuant to N.J.S.A 4:1C- 32.1, to allow a rural microenterprise activity to occur on the premises and to identify the standards for review of such an application by the Committee.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 22 - SPECIAL PERMIT FOR COMMERCIAL NONAGRICULTURAL ACTIVITY ON PRESERVED FARMLAND › Section 2:76-22.4 - Eligibility to apply for a special permit for a rural microenterprise activity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who owns qualifying land may apply for a special permit to allow a rural microenterprise activity to occur on the qualifying land, provided that:
1. The qualifying land is a commercial farm;
2. No other special permit for a rural microenterprise activity exists on the premises;
3. The development easement was acquired without the participation of Federal Farm and Ranch Lands Protection Program funds;
4. The owner of the premises is a farmer; and
5. The premises is in compliance with the deed of easement, as determined by the Committee.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 22 - SPECIAL PERMIT FOR COMMERCIAL NONAGRICULTURAL ACTIVITY ON PRESERVED FARMLAND › Section 2:76-22.7 - Review by board or nonprofit easement owner

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a board or a qualifying tax exempt nonprofit organization is the grantee of the development easement, the Committee shall provide the grantee with a copy of the complete application for a special permit.
(b) Within 30 days after receipt of a copy of the complete application for a special permit, the board or qualifying tax exempt nonprofit organization shall provide comments to the Committee on the application and submit the following to the Committee for review:
1. Notification of any rural microenterprise activities already in existence on the qualifying land at the time of application for the special permit or on any portion of the farm that is not subject to the development easement;
2. The recommended time period for which the special permit shall be effective, and recommended conditions of approval; and
3. Confirmation that the owner of the premises is not in violation of any provision of the deed of easement as determined by the board or nonprofit grantee.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 22 - SPECIAL PERMIT FOR COMMERCIAL NONAGRICULTURAL ACTIVITY ON PRESERVED FARMLAND › Section 2:76-22.8 - Committee review and issuance of special permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee, if the development easement is held by the Committee or a board, shall review an application and, in its sole discretion, may issue a special permit pursuant to NJ.S.A. 4:1C-32.1 and this subchapter.
(b) If a development easement is held by a qualifying tax exempt nonprofit organization, the Committee, in consultation with the qualifying tax exempt nonprofit organization after its receipt of a copy of a complete application, shall decide whether to issue a permit based on its review of the application using the criteria set forth in this subchapter.
(c) The Committee shall inform the applicant of its decision to approve or deny the application and shall also inform the board or qualifying tax exempt nonprofit organization that holds the development easement *and the municipality in which the subject property is located*.
(d) The Committee may issue a special permit that will be conditioned on, and which will become effective only upon, the applicant's receipt of all necessary local, State, and Federal approvals, provided that if such approvals contain any requirements for implementation of the rural microenterprise activity that are inconsistent with N.J.S.A. 4:1C-32.1, this subchapter, or the special permit itself, the special permit will be deemed denied.
(e) The Committee may include other reasonable requirements to limit, to the maximum extent possible, the intensity of the permitted activity and its impact on the qualifying land and surrounding area.
(f) The Committee shall approve, approve with conditions, or disapprove the application within 90 days of receipt of a complete application. Such time period may be extended by the Committee for good cause or with the consent of the applicant.
(g) When issuing a special permit, the Committee shall:
1. Identify the time period for which the special permit shall be effective; and
2. Stipulate a time period during which the landowner must exercise the special permit and initiate the rural microenterprise activity.
i. The Committee may provide for an extension of up to six months upon a showing of special circumstances or special need presented by the applicant.
ii. If the owner fails to exercise the special permit and initiate the rural microenterprise activity use within the period designated by the Committee, the special permit shall automatically expire, unless an extension is approved by the Committee pursuant to (g)2i above.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 22 - SPECIAL PERMIT FOR COMMERCIAL NONAGRICULTURAL ACTIVITY ON PRESERVED FARMLAND › Section 2:76-22.9 - Special permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No more than one special permit for a rural microenterprise activity shall be valid at any one time for use on the premises.
(b) No special permit shall be valid for more than 20 years unless an application for renewal is approved by the Committee.
1. Renewal of a special permit may be sought within 10 years of the date of scheduled permit expiration.
2. There shall be no fee for permit renewal, as long as the rural microenterprise activity will not change from what was originally permitted.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 22 - SPECIAL PERMIT FOR COMMERCIAL NONAGRICULTURAL ACTIVITY ON PRESERVED FARMLAND › Section 2:76-22.10 - Signs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The placement of signs on the premises for purposes related to the rural microenterprise activity is prohibited except for the following:
1. Directional signs indicating where persons visiting the rural microenterprise activity should drive and/or park;
2. One flush-mounted sign, not to exceed 20 square feet to be placed on the structure, which shall not be illuminated internally; and
3. The placement of signs shall be reviewed in accordance with N.J.A.C. 2:76-22A.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 22 - SPECIAL PERMIT FOR COMMERCIAL NONAGRICULTURAL ACTIVITY ON PRESERVED FARMLAND › Section 2:76-22.11 - Monitoring

Current through Register Vol. 56, No. 14, July 15, 2024
The Committee shall periodically monitor rural microenterprise activities and shall be permitted to access and enter upon, the premises at all reasonable times for the purpose of inspection and to ensure compliance with a special permit and this subchapter.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 22 - SPECIAL PERMIT FOR COMMERCIAL NONAGRICULTURAL ACTIVITY ON PRESERVED FARMLAND › Section 2:76-22.12 - Delegation to the Executive Director

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee may delegate to its Executive Director, by resolution, the authority to review and approve an application for a special permit, but only in cases where:
1. The Committee has not received comments from the board or qualifying nonprofit organization concerning any potential negative impacts of an application's approval; and
2. The application complies with all provisions of P.L. 2005, c. 314 ( N.J.S.A. 4:1C-23.1et seq.), this subchapter, and N.J.A.C. 2:76-22A.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 22 - SPECIAL PERMIT FOR COMMERCIAL NONAGRICULTURAL ACTIVITY ON PRESERVED FARMLAND › Section 2:76-22.13 - Suspension, revocation, or denial of a special permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee may suspend, revoke, or deny a special permit on qualifying land for a violation of N.J.S.A. 4:1C-32.1, this subchapter, N.J.A.C. 2:76-22A, any term or condition of the special permit, or any term or condition of the deed of easement encumbering the qualifying land as determined by the Committee.
(b) The applicant or permittee shall be afforded the opportunity for a hearing prior to the Committee taking any action set forth in (a) above. The Committee may delegate authority to Committee staff to hold a hearing in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. If the hearing is held by Committee staff, Committee staff shall prepare a hearing report at the close of such hearing setting forth its findings. The Committee may adopt, modify, or reject the findings set forth in the hearing report.
(c) The decision of the Committee shall be considered a final administrative agency decision, subject to the right of appeal to the Appellate Division of the Superior Court.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 22 - SPECIAL PERMIT FOR COMMERCIAL NONAGRICULTURAL ACTIVITY ON PRESERVED FARMLAND › Section 2:76-22.14 - Report of activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee shall submit a report every two years to the Governor, President of the Senate, the Speaker of the General Assembly, the respective chairpersons of the Senate Economic Growth Committee, the Senate Environment and Energy Committee, the Assembly Agriculture and Natural Resources Committee, and the Assembly Environment and Solid Waste Committee or their designated successors, in accordance with N.J.S.A. 4:1C-32.3.
(b) Copies of the report shall also be made available to the public upon request and free of charge, and shall be posted on the Committee website.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 22A - XYZ › Section 2:76-22A.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to determine if improvements and repairs to structures substantially altered or finished to support a rural microenterprise activity allowed on preserved premises pursuant to N.J.A.C. 2:76-22are compatible with the agricultural character of the premises and do not diminish the historic or cultural character of the structure. Further, this subchapter sets forth the procedures for designating a heritage farm structure and sets forth the terms and procedures for recordation of a heritage preservation easement on a heritage farm structure.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 22A - XYZ › Section 2:76-22A.3 - Review of improvements and repairs to structures supporting a rural microenterprise

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All exterior improvements and repairs to residential and agricultural structures and their curtilage supporting the rural microenterprise shall be compatible with the agricultural character of the premises and surrounding agricultural landscape and shall not diminish the historic or cultural character of the structures.
(b) In conjunction with the issuance of a special permit, a Determination of Compatibility shall be issued for projects that reflect the public interest of preserving the natural and unadulterated appearance of the premises, surrounding agricultural landscape, and structures within that landscape.
(c) The Committee shall review the location, design, height, and aesthetic attributes of a structure altered or finished to support the rural microenterprise before a special permit is issued.
(d) A Determination of Compatibility shall be necessary for each project where improvements and/or repairs to structures are proposed and shall be issued by the Committee in consultation with staff and/or a consultant who meets the professional qualifications set forth in 36 CFR Part 61. The Committee may also consult with the New Jersey Historic Preservation Office as necessary.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 22A - XYZ › Section 2:76-22A.4 - Review of improvements and repairs up to 2,500 square feet of interior space to structures supporting a rural microenterprise

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For any project where improvements and/or repairs up to 2,500 square feet of interior space are proposed to alter or finish a structure to support the rural microenterprise, any or all of the following project components shall be evaluated pursuant to N.J.A.C. 2:76-22A.3:
1. Height, width, scale, and massing;
2. Design of doors and windows;
3. Design of porches and balconies;
4. Roof shape;
5. Architectural ornamentation;
6. Siting and directional orientation;
7. Materials, textures, and colors;
8. Signs and lighting;
9. Fences and gates;
10. Landscaping; and
11. Parking areas.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 22A - XYZ › Section 2:76-22A.5 - Exemptions from review of improvements and repairs up to 2,500 square feet of interior space to structures supporting a rural microenterprise

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following activities do not require a Determination of Compatibility from the Committee whether they are proposed at the time of application for the special permit or occur after the special permit has been issued:
1. Changes to interiors exclusively for agricultural purposes; and
2. Repair or exact replacement of any existing improvement, provided that the work does not alter the exterior appearance. The following activities are permitted as repairs:
i. Repairs of existing windows and doors and the installation of storm doors and windows that do not change their design, dimensions, or appearance;
ii. Maintenance and repair of existing roofing materials involving no change in the design, dimensions, or appearance of the structure;
iii. Structural repairs that do not alter the exterior appearance;
iv. Replacement of existing clapboards, shingles, or other siding with identical material; and
v. Maintenance and repair of existing clapboards, shingles, or other siding (including masonry) involving no change in the design, dimensions, or appearance.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 22A - XYZ › Section 2:76-22A.7 - Procedures for designating a heritage farm structure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of an application for a special permit for a rural microenterprise where improvements or repairs over 2,500 square feet of interior space are proposed to alter or finish a building or structure to support the rural microenterprise, the Committee shall utilize the following criteria to determine if the building or structure constitutes a heritage farm structure.
1. A building or structure must possess both of the following historic or cultural characteristics to be designated a heritage farm structure:
i. The building or structure was constructed prior to 1960; and
ii. The building or structure is substantially in its original form with its character-defining features largely intact and has not been subject to modern additions or alterations that obscure its original form or character-defining features.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 22A - XYZ › Section 2:76-22A.8 - Heritage preservation easement deed restrictions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of an application for a special permit for a rural microenterprise in which more than 2,500 square feet of interior space of a heritage farm structure is proposed to be altered or finished, up to 100 percent of interior space of a heritage farm structure may be altered or finished provided the owner agrees to place on the structure, in a form approved by the Committee, a deed of heritage preservation easement as a condition of the issuance of the special permit.
(b) The heritage preservation easement shall be effective for 20 years from date of recording.
(c) The deed of heritage preservation easement shall be recorded in the county clerk's office within 30 days after the effective date of the Committee's approval of the rural microenterprise.
(d) If the Committee approves a renewal of a special permit prior to the expiration of that permit, the Committee shall record a renewal of the heritage preservation easement for a 20-year term in the county clerk's office within 30 days after the effective date of the Committee's approval of the renewal.
(e) If the Committee issues a new special permit for a rural microenterprise within a heritage farm structure after a previously-issued special permit has expired, a new 20-year heritage preservation easement shall be recorded in accordance with (c) above.
(f) The Committee shall record a termination of a heritage preservation easement in the county clerk's office within 30 days after the date of expiration or extinguishment pursuant to N.J.A.C. 2:76-22A.9(c).
(g) The heritage preservation easement deed restrictions shall be liberally construed to effectuate the purpose and intent of the New Jersey Rural Microenterprise Act, N.J.S.A. 4:1C-32.1et seq., and shall include the project components enumerated at N.J.A.C. 2:76-22A.3, 22A.4, and 22A.6.
(h) For any project where an owner is seeking a Federal income tax deduction for donating a conservation easement for the conservation purpose of the preservation of a historically important land area or a certified historic structure pursuant to 26 U.S.C. §
										170, the owner can utilize a preservation easement template approved in advance and held by both the Committee and the New Jersey Historic Trust in lieu of the heritage preservation easement deed restrictions as set forth in this section.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 22A - XYZ › Section 2:76-22A.9 - Procedures in case of casualty loss of heritage farm structure's protected features

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the protected features are damaged or destroyed by fire, flood, windstorm, hurricane, earth movement, or other like casualty, the owner shall notify the Committee in writing within 10 days of the damage or destruction, with such notice describing what, if any, emergency work already has been completed. No repairs or reconstruction of any type, other than temporary emergency work to prevent further damage to the protected features and to protect public safety, shall be undertaken by the owner without the Committee's prior written approval.
(b) Within 60 days of the date of damage or destruction, and if required by the Committee, the owner, at the owner's sole expense, shall provide the Committee with a written report prepared by a qualified architect or historic architect who meets the professional qualifications set forth in N.J.A.C. 2:76-22A.3(d), which report shall include the following:
1. An assessment of the nature and extent of the damage to the protected features;
2. A determination of the feasibility of the restoration and/or reconstruction of the damaged or destroyed portions of the protected features; and
3. A report recommending restoration/reconstruction work necessary to return the protected features to the condition they were in as of the date of execution of the deed of easement for heritage preservation.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 23 - SPECIAL PERMIT FOR INSTALLATION OF PERSONAL WIRELESS SERVICE FACILITY ON PRESERVED FARMLAND › Section 2:76-23.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter applies to the issuance of any special permit pursuant to 4:1C-32.2, to allow a personal wireless service facility to be erected on land on which a development easement was conveyed to, or retained by the Committee, a board, or a qualifying tax exempt nonprofit organization pursuant to the provisions of section 24 of P.L. 1983, c. 32 (4:1C-31 ) , section 5 of P.L. 1988, c. 4 (4:1C-31.1 ) , section 1 of P.L. 1989, c. 28 (4:1C-38 ) , section 1 of P.L. 1999, c. 180 (4:1C-43.1 ) , sections 37 through 40 of P.L. 1999, c. 152 (13:8C-37 through 13:8C-40 ), or any other State law enacted for farmland preservation purposes.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 23 - SPECIAL PERMIT FOR INSTALLATION OF PERSONAL WIRELESS SERVICE FACILITY ON PRESERVED FARMLAND › Section 2:76-23.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to establish the process for any person who owns land on which a development easement was conveyed to, or retained by, the Committee, a board, or a qualifying tax exempt nonprofit organization pursuant to 4:1C-32.2, to apply for a special permit to allow for a personal wireless service facility to be erected on the premises, and to identify the standards for review of an application for a special permit by the Committee, board or qualifying tax exempt nonprofit organization.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 23 - SPECIAL PERMIT FOR INSTALLATION OF PERSONAL WIRELESS SERVICE FACILITY ON PRESERVED FARMLAND › Section 2:76-23.4 - Eligibility to apply for a personal wireless service facility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who owns land on which a development easement was conveyed to, or retained by, the Committee, a board, or a qualifying tax exempt nonprofit organization pursuant to the provisions of section 24 of P.L. 1983, c. 32 (4:1C-31 ) , section 5 of P.L. 1988, c. 4 (4:1C-31.1 ) , section 1 of P.L. 1989, c. 28 (4:1C-38 ) , section 1 of P.L. 1999, c. 180 (4:1C-43.1 ) , sections 37 through 40 of P.L. 1999, c. 152 (13:8C-37 through 13:8C-40 ), or any other State law enacted for farmland preservation purposes may apply for a special permit to allow a personal wireless service facility to be erected on the land, provided that:
1. The land is a commercial farm;
2. No other special permit for a personal wireless service facility on the premises has been granted;
3. There is no commercial nonagricultural activity in existence on the premises at the time of application for the special permit or on any portion of the farm that is not subject to the development easement, except that the Committee may waive the requirements of this paragraph entirely or subject to any appropriate conditions:
i. If such preexisting commercial nonagricultural activity is deemed to be of a minor or insignificant nature or to rely principally upon farm products, as defined pursuant to 4:10-1, derived from the farm; or
ii. For other good cause shown by the applicant;
4. Notwithstanding (a)3 above, a person who has been granted a special permit for a commercial nonagricultural activity pursuant to N.J.A.C. 2:76-22 is eligible for a special permit on the same premises pursuant to this subchapter; and
5. The development easement was acquired without the participation of Federal Farm and Ranch Lands Protection Program funds.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 23 - SPECIAL PERMIT FOR INSTALLATION OF PERSONAL WIRELESS SERVICE FACILITY ON PRESERVED FARMLAND › Section 2:76-23.7 - Review by board or nonprofit easement owner

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A board or a qualifying tax exempt nonprofit organization as the owner of a development easement shall review an application for a special permit pursuant to 2:76-23.6 and 4:1C-32.2.
(b) The board or qualifying tax exempt nonprofit organization shall confirm that it is in possession of the following documents related to the purchase of development easement on the subject premises:
1. A copy of the recorded deed of easement;
2. A copy of the title policy issued at the time the deed of easement was recorded; and
3. A copy of the original survey of the premises.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 23 - SPECIAL PERMIT FOR INSTALLATION OF PERSONAL WIRELESS SERVICE FACILITY ON PRESERVED FARMLAND › Section 2:76-23.8 - Committee review and issuance of permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee, as the owner of a development easement, shall review an application and in its sole discretion may issue a special permit pursuant to 4:1C-32.2 and this subchapter.
(b) If a development easement is owned by a board or qualifying tax exempt nonprofit organization, the Committee, upon receipt of a complete application and notice of approval by the board or qualifying tax exempt nonprofit organization, shall review the application using the criteria set forth in this subchapter.
1. Approval of an application by a board or qualifying tax exempt nonprofit organization shall not be binding on the Committee if the Committee makes an independent determination that the application does not meet the criteria set forth in this subchapter.
2. If an application has been denied by a board or qualifying tax exempt nonprofit organization, no further action by the Committee is required.
3. If the Committee is missing any of the following documents related to the preservation of the premises, the board or qualifying tax exempt nonprofit organization shall provide the Committee with the documents upon request:
i. A copy of the recorded deed of easement;
ii. A copy of the title policy;
iii. A copy of the original survey of the premises; and
iv. The special permit application.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 23 - SPECIAL PERMIT FOR INSTALLATION OF PERSONAL WIRELESS SERVICE FACILITY ON PRESERVED FARMLAND › Section 2:76-23.9 - Special permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No more than one special permit for a personal wireless service facility shall be valid at any one time for use on the premises.
(b) The standard duration of a special permit approved by the Committee shall not exceed five years.
1. A special permit may be approved for a duration greater than five years, but not more than 20 years, if the applicant provides sufficient justification pursuant to 2:76-23.5(a)18.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 23 - SPECIAL PERMIT FOR INSTALLATION OF PERSONAL WIRELESS SERVICE FACILITY ON PRESERVED FARMLAND › Section 2:76-23.10 - Monitoring

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The owner of the development easement on the premises on which a special permit was issued by the Committee shall monitor the personal wireless facility annually to ensure compliance with the special permit.
1. A written report with photographs confirming the onsite inspection and determination of compliance or violation shall be provided to the Committee.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 23 - SPECIAL PERMIT FOR INSTALLATION OF PERSONAL WIRELESS SERVICE FACILITY ON PRESERVED FARMLAND › Section 2:76-23.11 - Suspension or revocation of a special permit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee may suspend or revoke the special permit for a violation of 4:1C-32.2, this subchapter, or any term or condition of the special permit, if it owns the development easement on the farm.
(b) The Committee may suspend or revoke the special permit on a farm in which the development easement is owned by a board or qualifying tax exempt nonprofit organization, if the Committee and board/nonprofit organization jointly determine that the applicant is in violation of any term or condition of the special permit, 4:1C-32.2 or this subchapter.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 23 - SPECIAL PERMIT FOR INSTALLATION OF PERSONAL WIRELESS SERVICE FACILITY ON PRESERVED FARMLAND › Section 2:76-23.12 - Request for hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any applicant or permit holder who is aggrieved by an action of the Committee regarding a permit or renewal application or the suspension or revocation of a permit may submit a written request to the Committee for a hearing.
1. A request for a hearing shall be sent to the Committee within 20 days of receipt of notice of the Committee's action.
2. Requests shall be sent to the Executive Director, State Agriculture Development Committee, New Jersey Department of Agriculture, P.O. Box 330, Trenton, New Jersey 08625-0330.
3. Applicants or permit holders shall be afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
4. The decision of the Committee shall be considered a final administrative agency decision, subject to the right of appeal to the Appellate Division of the Superior Court.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 23 - SPECIAL PERMIT FOR INSTALLATION OF PERSONAL WIRELESS SERVICE FACILITY ON PRESERVED FARMLAND › Section 2:76-23.13 - Report of activities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Committee shall submit a report every two years to the Governor, President of the Senate, the Speaker of the General Assembly, the respective chairpersons of the Senate Economic Growth Committee, the Senate Environment Committee, the Assembly Agriculture and Natural Resources Committee, and the Assembly Environment and Solid Waste Committee or their designated successors, in accordance with 4:1C-32.3.
(b) Copies of the report shall also be made available to the public upon request and free of charge, and shall be posted on the website of the Committee.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 24 - SOLAR ENERGY GENERATION ON PRESERVED FARMS › Section 2:76-24.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter applies to the construction, installation, operation, and maintenance of solar energy facilities on a preserved farm for purposes of generating solar energy to provide power or heat to the farm, reduce the farm's energy costs, or alternatively to afford a limited income opportunity to the farm owner provided that the energy facilities occupy no more than one percent of the farm as authorized pursuant to 4:1C-32.4.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 24 - SOLAR ENERGY GENERATION ON PRESERVED FARMS › Section 2:76-24.2 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to establish the process for the Committee to review an application submitted by any person intending to construct, install, and operate solar energy facilities on a preserved farm for the purpose of generating solar energy to provide power or heat to the farm, reduce the farm's energy costs, or alternatively to afford a limited income opportunity to the farm owner provided that the energy facilities occupy no more than one percent of the farm, as well as to make improvements to any agricultural, horticultural, residential, or other building or structure on the land for that purpose, provided that the solar energy facilities satisfy the provisions of 4:1C-32.4 and this subchapter.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE › Subchapter 24 - SOLAR ENERGY GENERATION ON PRESERVED FARMS › Section 2:76-24.4 - Eligibility to install, operate, and maintain solar energy facilities on a farm

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who owns a farm may submit an application to the Committee for the construction, installation, operation, and maintenance of solar energy facilities (facilities) on the farm provided that:
1. The facilities will not interfere significantly, as set forth in 2:76-24.6, with the use of the land for agricultural or horticultural production;
2. The facilities are owned by the landowner, or will be owned by the landowner upon the conclusion of the term of an agreement with the installer or operator of the solar energy generation facilities, structures, or equipment by which the landowner uses the income or credits realized from the solar energy generation to purchase the facilities, structures, or equipment;
3. The facilities will be used to provide power or heat to the farm, either directly or indirectly, or to reduce, through net metering or similar programs and systems, energy costs on the farm;
4. Solar energy facilities on the farm are limited in total annual energy generation to:
i. The farm's previous calendar year's energy demand plus 10 percent, in addition to energy generated from facilities, structures, or equipment existing on roofs of buildings or other structures on the farm on January 16, 2010; or
ii. Alternatively at the option of the landowner, to an occupied area consisting of no more than one percent of the area of the farm;
5. If wind or biomass energy generation systems are located on the farm, the limits in (a)4i and ii above shall apply to the cumulative total energy generated or area occupied by all the solar, wind, and biomass energy facilities;
6. The owner(s) of the farm and the solar energy facilities will sell energy only through net metering, or as otherwise permitted under an agreement pursuant to (a)2 above, and/or directly to the electric distribution system provided that the solar energy facilities occupy no greater than one percent of the farm;
7. The land occupied by the solar energy facilities is eligible for valuation, assessment, and taxation pursuant to P.L. 1964, c. 48 (54:4-23.1 et seq.) and will continue to be eligible for such valuation after construction of the solar energy facilities;
8. The solar energy facilities do not exceed the one acre of impervious cover on the premises; and
9. A solar energy facility located in the Pinelands Area, as defined and regulated by the Pinelands Protection Act, P.L. 1979, c. 111 (13:18A-1 et seq.), complies with the standards of P.L. 1979, c. 111 and the comprehensive management plan for the Pinelands Area adopted pursuant to P.L. 1979, c. 111.