N.J. Admin. Code § 2:76-22.4

Current through Register Vol. 56, No. 12, June 17, 2024

Section 2:76-22.4 - Eligibility to apply for a special permit for a rural microenterprise activity

(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.

(b) In the event the premises was divided after conveyance of the development easement in accordance with N.J.A.C. 2:76-6.15(a)15, only one special permit for a rural microenterprise activity may be issued by the Committee for the preserved premises as it was configured on *June 4, 2018*, regardless of the number of parcels of land resulting from approval(s) of any division(s) of premises occurring after *June 4, 2018*.

1. If a special permit for a rural microenterprise activity has been previously issued on a parcel of land created as a result of a division of premises occurring after *June 4, 2018*, no other special permit for a rural microenterprise activity may be issued on any of the remaining parcel(s) of land created by the division.

2. If there was an exception on the original premises, no special permit shall be issued to any of the parcels resulting from a division of the premises, even if one or more of the resulting parcels have no exceptions following the division.

(c) Any person who has been granted a special permit for the erection of a personal wireless service facility pursuant to N.J.A.C. 2:76-23 is eligible for a special permit on the same premises pursuant to this subchapter.

N.J. Admin. Code § 2:76-22.4

Amended by 50 N.J.R. 1343(b), effective 6/4/2018