N.J. Admin. Code § 2:76-20.2

Current through Register Vol. 56, No. 17, September 3, 2024
Section 2:76-20.2 - Definitions

As used in this subchapter, the following words and terms shall have the following meanings:

"Agricultural use" means the use of land for common farmsite activities including, but not limited to:

1. Production, harvesting, storage, grading, packaging, processing and the wholesale and retail marketing of crops, plants, animals and other related commodities; and
2. The use and application of techniques and methods of soil preparation and management, fertilization, weed, disease and pest control, disposal of farm waste, irrigation, drainage and water management, and grazing.

"Aquatic organism" means and includes, but is not limited to, finfish, mollusks, crustaceans, and aquatic plants which are the property of a person engaged in aquaculture.

"Committee" means the State Agriculture Development Committee established pursuant to 4:1C-4.

"Costs" mean monetary outlays for those projects to be installed or contracted for in implementing an approved farmland stewardship feasibility plan including, but not limited to, professional fees, supplies, materials, equipment, office or facility expenses and contractual services as determined by the Committee.

"Eligible projects" mean the projects necessary to improve the profitability, efficiency and farm income of farm operations deemed eligible by the Committee and for which an approved feasibility plan has been prepared.

"Established farmer" means an owner-operator or immediate family member of the owner-operator of a family farm who actively participates in the operation and management of a farming operation, is a resident of the State of New Jersey, spends a substantial portion of time in carrying out a farming operation and planted a crop or acquired livestock or aquatic organisms which were on the farm at the time of the completion of the feasibility plan application. If the applicant is a cooperative, a corporation, a partnership or a joint operation, it must be primarily engaged in farming, that is, the applicant entity must derive over 50 percent of its gross income from all sources from its farming operation and its principle place of business shall be in New Jersey.

"Farmland preservation program" means any permanent program as developed pursuant to the Agriculture Retention and Development Act, 4:1C-1 et seq., the Garden State Preservation Trust Act, P.L. 1999, c. 180, 4:1C-43.1, 4:1C-31.1 and which has as its principal purpose the long term preservation of significant masses of reasonably contiguous agricultural land within the agricultural development areas adopted pursuant to 4:1C-11 et seq., P.L. 1983, c.32 and the maintenance and support of increased agricultural production as the first priority use of that land from which a permanent development easement has been acquired or retained for farmland preservation purposes and which land is eligible for the benefits of the farmland preservation program.

"Farm transfer plan" means an assessment of the legal, social and economic factors involved in transferring the ownership of the preserved farm and its assets, including equipment, supplier lists, and customer mailing lists.

"Feasibility plan" means a plan which shall consist of the components as set forth in 2:76-20.1 4 and shall only recommend projects that are necessary and may feasibly result in enhancing the economic viability of the farm operation.

"Implementation projects" are projects recommended in approved feasibility plans that may feasibly result in enhancing the economic viability of the farm operation.

"Lead coordinator" means a technical consultant who shall assist in the assemblage of technical teams and the preparation and submission of feasibility plans.

"Personal property" means temporary or movable property as distinguished from real property, and used for non-farm purposes.

"Technical consultant" mean a specialist who shall have a minimum of five years of experience in a particular field of expertise and has applied to and has been approved by the Committee to participate in the preparation of feasibility plan(s) under the Farmland Stewardship Program.

N.J. Admin. Code § 2:76-20.2