N.J. Admin. Code § 2:24-7.3

Current through Register Vol. 57, No. 1, January 6, 2025

Section 2:24-7.3 - Waiver

(a) A person desirous of owning and maintaining hives in a number greater than is provided for pursuant to N.J.A.C. 2:24-7.2may apply to the governing authority for a colony density waiver.

(b) The applicant shall obtain a certified list of the names and addresses of all property owners within 200 feet of the apiary site(s) from the municipality's tax assessor's office.

(c) A copy of the application for colony density waiver must be provided to all property owners within 200 feet in all directions of the applicant's property by certified mail and by regular mail. Notice to a partnership owner may be made by certified mail, and by regular mail to any partner. Notice to a corporate owner may be made by certified mail, and by regular mail to its president, a vice president, secretary, or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust, or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property that is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common elements or areas. Notice shall be mailed no less than 10 days prior to the scheduled date of the hearing. Proof of service to the appropriate property owners shall be presented to the governing authority at the time of the hearing.

(d) The application to the governing authority shall set forth the following:

1. The name and address of the applicant;

2. The address, lot, and block number of the property at which the applicant intends to maintain the hive(s);

3. If the property where the applicant intends to maintain the hive(s) is owned by another individual, express written consent by the property owner;

4. The nature of the waiver requested, setting forth the number of the proposed hives in excess of those allowed pursuant to N.J.A.C. 2:24-7.2(a);

5. A description of flyway barriers (if any);

6. Zoning district of the property where the hives are proposed to be kept; and

7. A description of the reason(s) the applicant seeks a waiver of colony density; and

8. The date, time, and place of the hearing before the governing authority.

(e) The governing authority may grant or deny an application for a waiver based upon a preponderance of evidence that the applicant has demonstrated good cause for the granting of such waiver. In examining whether or not a waiver should be granted, the following facts shall be considered:

1. The size of the property where the applicant proposes to keep hive(s);

2. The distance between the location of where the hive(s) is/are intended to be kept and the physical location of adjacent property owners' homes or dwelling units;

3. Whether the property where the hives are proposed to be kept is fenced to provide a particular type of required flyway barrier;

4. Whether the hive(s) for which the waiver is requested is/are the first hive(s) or are an addition to existing hive(s) on the applicant's property;

5. The prior history of complaints against the applicant for violation of this subchapter;

6. The zoning district of the property where the hives are proposed to be kept;

7. Whether the hive(s) serve some business purpose or the hive(s) are to be kept as a hobby; and

8. Other such facts as the governing authority may believe appropriate to consider according to the case and circumstances presented at the time the application is heard.

(f) Should the applicant's request for a colony density waiver be granted, the governing authority shall set the number of proposed hive(s) permitted, based on the specific facts of the situation at issue.

(g) A colony density waiver granted by the governing authority may be revoked upon proper application to the governing authority by a landowner with a particularized property interest in the hive(s) subject to a colony density waiver issued pursuant to N.J.A.C. 2:24-7.2(a). For the purposes of this subsection, a landowner with a particular property interest is any landowner within 200 feet of the applicable hive(s). An application must:

1. Address the facts in (e)1 through 8 above;

2. Be made by a person who certifies that he or she resides within, or owns property in, the municipality or within 200 feet of the hive(s) where the colony density waiver applies; and

3. Include certification of notice served upon the beekeeper to all landowners within 200 feet of the hive(s) by regular and certified mail of the application for revocation of the colony density waiver.

(h) The notice shall include a factual basis for the requested revocation, including a description of the compelling particularized property right of the landowner.

(i) A hearing shall be held by the governing authority on the application for revocation. The governing authority will evaluate the application for revocation of the colony density waiver based upon the same criteria set forth in this section.

(j) Any landowner served with notice of the application to revoke a colony density waiver, who may also have reason to request revocation of a colony density waiver, must join in the original action, or he or she shall be barred from bringing an action to revoke the same colony density waiver, for the period of one year.

(k) No colony density waiver shall be granted unless the beekeeper has submitted to the governing authority an inspection report from the State Apiarist, or his or her designee. The inspection report shall be submitted with the request for a colony density waiver application but no later than the hearing date scheduled for the colony density waiver application hearing.

(l) The granting of a colony density waiver shall in no way authorize the creation of an unhealthy condition and shall in no way affect the general standards upon the keeping of hive(s) as set forth in this chapter.

N.J. Admin. Code § 2:24-7.3

Adopted by 51 N.J.R. 577(a), effective 5/6/2019