N.J. Admin. Code § 2:76-22.6

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

Section 2:76-22.6 - Evaluation criteria for a rural microenterprise use

(a) When reviewing a special permit application, the Committee shall determine whether the application meets the following criteria:

1. The premises meets the definition of "commercial farm" set forth in this subchapter;

2. The applicant is a farmer;

3. The premises meets the definition of "qualifying land" set forth in this subchapter;

4. The premises was preserved prior to the enactment of 4:1C-32.1 (January 12, 2006);

5. No other current special permit for a rural microenterprise activity has been issued by the Committee;

6. The proposed rural microenterprise activity is located within a structure(s):

i. That existed on the date of the conveyance of the easement; or

ii. If the proposed rural microenterprise activity is located within a structure(s) that was constructed after the date of conveyance of the easement, construction of such structure(s) must have been in compliance with the farmland preservation deed restrictions and must have been completed at least five years prior to the date of the rural microenterprise use application;

7. The proposed rural microenterprise activity utilizes a structure(s) in its existing condition in accordance with the following criteria:

i. No more than 2,500 square feet of the interior of an existing residential or agricultural structure may be substantially altered or finished for a rural microenterprise activity if such alteration or finishing requires improvements to the structure, such as installation of new walls, insulation, flooring, lighting, HVAC systems, sanitary plumbing, and associated wiring;

(1) If the building is not being substantially altered or finished to support the rural microenterprise activity, the entire floor area of the existing residential or agricultural building space may be used to support the rural microenterprise.

(2). Improvements to a non-residential structure shall not substantially interfere with the ability of the structure as a whole to be used to support agricultural activities in the future.

(1) No more than 2,500 square feet of the interior of an existing residential structure may be converted or "finished" for a commercial nonagricultural use if such conversion or finishing requires improvements to the structure, such as installation of new walls, insulation, flooring, lighting, HVAC systems, sanitary plumbing, and associated wiring;

ii. The Committee may allow the alteration or finishing of up to 100 percent of the interior of an existing heritage farm structure, provided that the owner agrees to record a heritage preservation easement, in a form approved by the Committee, which shall be held by the Committee and shall run with the land. The procedures for designating a heritage farm structure are set forth in N.J.A.C. 2:76-22A.7.

iii. On-site septic and well facilities may be established, expanded, or improved for the purpose of supporting the rural microenterprise activity provided such facilities are contained within the one-acre envelope provided for in (a)14 below. Any improvements to the land that are undertaken for these purposes shall be limited to those that are necessary either to protect public health and safety or to minimize disturbance of the premises and its soil and water resources. At no time shall a change in wastewater facilities required for the rural microenterprise activity render land located outside of the one-acre envelope, which otherwise would have been suitable for agricultural production, incapable of supporting agricultural production activities;

iv. No public utilities, including water, gas, or sewer, other than those already existing and available on the premises shall be extended to the qualifying land for purposes of the rural microenterprise, except that the establishment of new electric service required for the rural microenterprise shall be permitted;

v. Improvements to the exterior of the structure shall be compatible with the agricultural character of the premises and shall not diminish the historic character of the structure. The Committee shall evaluate such improvements in accordance with N.J.A.C. 2:76-22A.3 and 22A.4;

(1) Repairs may be made to the interior of a building provided they do not diminish the historic or cultural character of the structure.

vi. There shall be no storage of equipment, vehicles, supplies, products, or by-products associated with the rural microenterprise activity outside of the structure except as provided in (a)13iv below;

vii. Improvements cannot be made to the interior of a non-residential structure(s) to adapt it for residential use; and

viii. Expansion of a structure shall be permitted provided that:

(1) The total footprint of the expanded structures that will be used for the rural microenterprise activity does not exceed 500 square feet;

(2) The purpose or use of the expansion is necessary to the operation or functioning of the rural microenterprise activity; and

(3) The area of the proposed footprint of the expanded structure is reasonably calculated based solely upon the demands of accommodating the rural microenterprise activity and does not incorporate excess space;

8. No new structures shall be constructed on the premises to support a rural microenterprise. Any structure constructed on the premises since the date of the conveyance of the easement, and in accordance with the farmland preservation deed restrictions, shall not be eligible for a special permit for a rural microenterprise activity for a period of five years following completion of its construction;

9. The application does not propose to use agricultural labor housing (constructed before or after the conveyance of the development easement) for the rural microenterprise activity;

10. The proposed rural microenterprise activity does not interfere with the use of the qualifying land for agricultural or horticultural purposes;

11. The rural microenterprise activity is incidental to the use of the premises as a farm or subordinate to the agricultural use of the premises;

12. The rural microenterprise activity is compatible with the agricultural use of the premises and surrounding land use of adjacent properties, as evidenced by a Determination of Compatibility issued in accordance with N.J.A.C. 2:76-22A.3.

i. In addition to those characteristics considered for issuance of a Determination of Compatibility, characteristics to be considered in determining whether the rural microenterprise activity is compatible shall include, but not be limited to, whether the activity uses equipment or processes that create noise, vibration, glare, fumes, odors, or electrical or electronic interference (including interference with radio or television reception), which interfere with the quiet enjoyment of neighboring properties;

13. The rural microenterprise activity uses the qualifying land in its existing condition. Use of the qualifying land in its existing condition shall mean the following:

i. No new improvements to farm lanes, including new ingress and egress improvements, curbing, or changes needed to accommodate a new traffic pattern, shall be created unless such improvements are necessary to provide access to the rural microenterprise or to protect public health and safety. Any such necessary improvements shall minimize the disturbance of the premises and its soil and water resources as determined by the Committee;

ii. The area dedicated to customer parking shall not exceed 2,000 square feet and shall provide no more than 10 parking spaces, with each parking space not to exceed 10 feet by 20 feet;

iii. The number of parking spaces shall be sufficient to accommodate visitors to rural microenterprise under normal conditions. The Committee may require that any parking areas be screened from public rights-of-way; and

iv. No more than a combined total of 5,000 square feet of the land may be utilized for the outside storage of equipment, vehicles, supplies, products, or by-products, in association with the microenterprise. Any improvements to the land that are undertaken for these purposes shall be limited to those that are necessary to protect public health and safety and minimize disturbance of the premises and its soil and water resources;

14. The total area of land and structures devoted to supporting the rural microenterprise does not exceed a one-acre envelope on the qualifying land;

15. The rural microenterprise activity does not have an adverse impact upon the soils, water resources, air quality, or other natural resources of the qualifying land or the surrounding area and is consistent with the deed of easement and land use approvals and any other applicable approvals that may be required by Federal, State, or local law, rules, regulations, or ordinances, 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, N.J.A.C. 2:76-22A, the special permit itself, or the deed of easement, the special permit will be denied.

16. 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, N.J.A.C. 2:76-22A, the special permit itself, or the deed of easement, the special permit will be denied;

17. The proposed rural microenterprise activity consists of, and accommodates, only a single business or use. Multiple businesses or nonagricultural uses shall not be permitted.

i. Nothing in (a)17 above shall limit the use of any structures, or portions thereof, for uses permitted under the deed of easement;

18. In addition to the lighting requirements pursuant to N.J.A.C. 2:76-22A.4, lighting to support the rural microenterprise use shall meet the following criteria:

i. Adequate lighting shall be provided to ensure safe movement of pedestrians and vehicles during working hours;

ii. The height, intensity, and number of lighting facilities shall not be in excess of what is customary for agricultural use, except as required pursuant to (a)18i above, and shall be consistent with the agricultural setting;

iii. Any new lighting shall be compatible with the agricultural use of the property and surrounding land use of adjacent properties; and

iv. The lighting shall not cause glare or intrusion of light onto neighboring properties;

19. The rural microenterprise activity shall not be a "high traffic volume business."

i. The proposed use shall not require more than four full-time employees, or the equivalent, at peak operational periods in addition to the owner or operator;

ii. The proposed use shall not create traffic volume that interferes with pre-existing traffic patterns on surrounding public roads or that regularly causes traffic congestion when entering or leaving the premises.

20. The location, design, height, and aesthetic attributes of the rural microenterprise activity shall reflect the public interest of preserving the natural and unadulterated appearance of the landscape and structure(s). Such aspects shall be reviewed in accordance with N.J.A.C. 2:76-22A.1et seq.;

21. The premises shall be in compliance with the deed of easement as determined by the Committee; and

22. The rural microenterprise activity otherwise complies with N.J.S.A. 4:1C-32.1.

N.J. Admin. Code § 2:76-22.6

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