N.J. Admin. Code § 2:76-22.5

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

Section 2:76-22.5 - Application for a rural microenterprise activity

(a) Any person who meets the qualifications contained in N.J.A.C. 2:76-22.4may apply for a special permit for a rural microenterprise activity by submitting an application to the Committee. The application shall include the following information:

1. A copy of the recorded deed showing the current owner of the premises;

2. A copy of the recorded deed of easement;

3. The block(s) and lot(s) designations of the premises;

4. Proof that the premises is a commercial farm, such as tax forms, sales receipts, or other appropriate documentation as required by the Committee;

5. An aerial photograph of the portion of the premises on which the proposed rural microenterprise activity will be located, that identifies and labels:

i. The structure(s) in which the rural microenterprise activity will be located, including identification of the size and total footprint of the structure(s) and the area(s) intended to be used for the rural microenterprise activity;

ii. The proposed expansion of any existing structures to accommodate the rural microenterprise activity;

iii. All existing structures and proposed site improvements;

iv. The location of proposed vehicular access to the rural microenterprise activity;

v. Identification of the location and dimensions of the area that will be used to accommodate parking, including the number of existing parking spaces, the number of parking spaces that will be needed and delineation of the proposed parking spaces; and

vi. Existing and proposed landscaping, signs, lighting, and screening devices;

6. Photographs (preferably digital, with one printed copy and one electronic copy) of:

i. The entire interior and exterior of the structure(s) in which the rural microenterprise activity is proposed;

ii. The entire exterior of all structures located on the premises that are within one-half mile of the structure(s) in which the rural microenterprise activity is proposed; and

iii. The 360 degree viewshed of the surrounding landscape demonstrated by taking photographs from multiple angles from the location of the proposed rural microenterprise activity outward for a visual distance of approximately one-half mile;

7. A description of the type, nature, location, and frequency of any preexisting commercial nonagricultural use or activity, or preexisting rural microenterprise activity, already in existence on the premises at the time of application for the special permit;

8. Proof that the structure(s) to be used for the rural microenterprise was or were in existence at least five years before the date of the special permit application. The applicant shall also:

i. Identify and describe all improvements made to the structure since the enactment of N.J.S.A. 4:1C-32.1(January 12, 2006); and

ii. State whether the applicant intends to construct a new agricultural building to take the place of the structure to be used for the rural microenterprise activity and, if so, the type, size, and location of the replacement structure(s);

9. A description of the proposed rural microenterprise activity including, but not limited to:

i. All improvements and utilities that will be needed to accommodate the activity;

ii. An estimate of the time needed for completion of any improvements;

iii. Whether the activity is associated with the agricultural operation and, if so, how;

iv. Whether the activity will be operated by the owner or family member or if it will be leased and, if so, to whom;

v. Whether the activity is seasonal or year round;

vi. The proposed hours of operation;

vii. Whether the applicant will need to expand an existing structure to accommodate the activity, including:

(1) The purpose and proposed use of the expansion;

(2) A justification for the proposed size of the structure, including an explanation as to why the expansion is necessary for the rural microenterprise activity and whether the proposed size is based solely on the need to accommodate the rural microenterprise activity;

(3) The size of the total footprint of the proposed expanded structure and a sketch of the proposed expansion on the aerial photograph required in (a)5 above;

(4) A justification for the proposed size of the structure, including an explanation as to whether the proposed size is based solely on the need to accommodate the commercial nonagricultural activity;

(5) An explanation of how the location, design, height and aesthetics of the expansion preserve the natural and unadulterated appearance of the landscape and structures; and

(6) A sketch of the proposed expansion on the survey plat required in (a)5 above;

viii. The time period for which the applicant would like the special permit to be effective, provided that any request for an effective period of over five years shall include a justification for the longer time period; and

ix. A copy of any proposed lease agreements that will be necessary for the proposed nonagricultural activity;

10. An explanation of how the location, design, height, and aesthetics of the expansion preserve the natural and unadulterated appearance of the landscape and structures;

11. The time period for which the applicant would like the special permit to be effective, up to a maximum of 20 years;

12. A copy of any proposed lease agreements that will be necessary for the proposed rural microenterprise activity;

13. Copies of all necessary local, State, and Federal approvals, including evidence that the proposed rural microenterprise activity is a permitted use under municipal zoning or that a use variance has been granted.

i. If the applicant does not have the approvals at the time of application for the rural microenterprise activity, the Committee may issue a special permit for the rural microenterprise activity conditioned on the receipt of such approvals in accordance with NJ.A.C. 2:76-22.6(a)16;

14. An explanation as to whether the rural microenterprise activity interferes with the use of the qualifying land for agricultural or horticultural production;

15. An explanation as to whether the rural microenterprise activity utilizes the qualifying land and structures in their existing condition, in accordance with N.J.A.C. 2:76-22.6(a)7 and 13;

16. An explanation as to whether the rural microenterprise activity will have an adverse impact upon the soils, water resources, air quality, or other natural resources of the qualifying land or the surrounding area;

17. A description of the amount of traffic or business that the applicant expects to be generated on a daily, weekly, and annual basis and at anticipated peak operational periods;

18. The maximum number of employees needed on a daily, weekly, and annual basis and for anticipated peak operational periods; and

19. An application fee in the amount of $ 250.00 made payable to the State of New Jersey, State Agriculture Development Committee, in the form of a money order or bank check.

i. The application fee is nonrefundable, regardless of whether a special permit is issued.

(b) If the Committee deems the application incomplete, the applicant shall, within 120 days of receipt of written notice, provide the necessary information, unless otherwise extended by the Committee. If the applicant does not provide the Committee with the necessary information within the 120-day period, unless extended by the Committee, the application shall be deemed rejected.

(c) If the application is deemed complete, the applicant shall be notified in writing.

N.J. Admin. Code § 2:76-22.5

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