N.J. Admin. Code § 2:76-22.8

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

Section 2:76-22.8 - Committee review and issuance of special permit

(a) The Committee, if the development easement is held by the Committee or a board, shall review an application and, in its sole discretion, may issue a special permit pursuant to NJ.S.A. 4:1C-32.1 and this subchapter.

(b) If a development easement is held by a qualifying tax exempt nonprofit organization, the Committee, in consultation with the qualifying tax exempt nonprofit organization after its receipt of a copy of a complete application, shall decide whether to issue a permit based on its review of the application using the criteria set forth in this subchapter.

(c) The Committee shall inform the applicant of its decision to approve or deny the application and shall also inform the board or qualifying tax exempt nonprofit organization that holds the development easement *and the municipality in which the subject property is located*.

(d) 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, or the special permit itself, the special permit will be deemed denied.

(e) The Committee may include other reasonable requirements to limit, to the maximum extent possible, the intensity of the permitted activity and its impact on the qualifying land and surrounding area.

(f) The Committee shall approve, approve with conditions, or disapprove the application within 90 days of receipt of a complete application. Such time period may be extended by the Committee for good cause or with the consent of the applicant.

(g) When issuing a special permit, the Committee shall:

1. Identify the time period for which the special permit shall be effective; and

2. Stipulate a time period during which the landowner must exercise the special permit and initiate the rural microenterprise activity.

i. The Committee may provide for an extension of up to six months upon a showing of special circumstances or special need presented by the applicant.

ii. If the owner fails to exercise the special permit and initiate the rural microenterprise activity use within the period designated by the Committee, the special permit shall automatically expire, unless an extension is approved by the Committee pursuant to (g)2i above.

(h) In the event that the owner of the premises obtains a special permit from the Committee, and subsequently enters into a contract or contemplates entering into a contract for the sale of the premises, the contract purchaser or the prospective purchaser may seek approval to continue the special permit upon conveyance of the property by applying for a new special permit in accordance with this subchapter at least 90 days prior to the date of closing on the property. In order to apply for a new special permit, the contract purchaser or prospective purchaser must provide the Committee with the owner's written consent to the application.

1. If the applicant is a contract purchaser, the contract purchaser shall provide a copy of the executed contract for the purchase of the premises as part of the application.

2. The contract purchaser or prospective purchaser must obtain a special permit issued by the Committee pursuant to this section prior to the conveyance of the premises. If the contract purchaser or prospective purchaser fails to obtain the special permit prior to the conveyance of the premises, the existing special permit shall expire as of the date of conveyance.

(i) Upon the death of the owner of the premises, the heir(s) or estate representative(s) may apply for a continuation of the special permit pursuant to N.J.A.C. 2:76-22.5 to avoid termination of the special permit.

1. The heir(s) or estate representative(s) may apply for and obtain Committee approval for continuation of a special permit within 18 months of the owner's death.

2. The special permit shall automatically expire 18 months from the date of death of the owner of the property holding that permit unless, within that time period, the heir(s) or estate representative(s) applies for and obtains approval for continuation of a special permit, or applies for and obtains approval for an extension of the 18-month period.

3. Upon request by the heir(s) or estate representative(s), the Committee may extend the period to apply for and obtain approval of the special permit for up to one year where required for settlement of estate issues provided that the period of any such extension shall not exceed the term of the initial special permit. Upon settlement of the estate, the special permit shall expire and, if desired, the new owner may apply for a new special permit pursuant to this subchapter.

(j) In the event that the owner of the premises obtains a special permit from the Committee and subsequently becomes incapacitated, the owner's attorney-in-fact may continue operation of the rural microenterprise activity in accordance with the terms and conditions of the special permit.

(k) In the event the owner of the premises retires from operation of the rural microenterprise and remains the property owner, the rural microenterprise lessee may continue the operation of the rural microenterprise activity in accordance with the terms and conditions of the special permit.

(l) A lease between the owner of the premises and the rural microenterprise lessee for the operation of the rural microenterprise activity shall be in writing and must be consistent with the special permit. The Committee shall be provided with a copy of the fully executed lease to ensure compliance with this section.

(m) The lease between the owner of the premises and the rural microenterprise lessee for the operation of the rural microenterprise shall be subordinated to the special permit for the rural microenterprise pursuant to a written subordination agreement. A copy of the special permit shall be attached to the subordination agreement.

(n) In the event there is disruption of income from gross sales of agricultural or horticultural products caused by circumstances beyond the farmer's control, such as crop failure, the farmer may continue operation of the rural microenterprise for up to two years after the date of the event of disruption. If after such two-year period the farmer is unable to demonstrate realized gross sales of at least $ 2,500 for agricultural or horticultural products produced on the premises, exclusive of any income received from the rental of lands, the special permit shall be subject to revocation by the Committee after a hearing set forth in N.J.A.C. 2:76-22.13(b).

(o) The owner, heir, estate representative, or attorney-in-fact, as the case may be, may request termination of the special permit upon 30-day written notice to the Committee, which shall act upon the request.

(p) All application fees submitted to the Committee pursuant to this subchapter are nonrefundable, regardless of whether a special permit is issued, and shall be used for farmland preservation purposes.

N.J. Admin. Code § 2:76-22.8

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