N.J. Admin. Code § 2:76-22A.8

Current through Register Vol. 56, No. 19, October 7, 2024

Section 2:76-22A.8 - Heritage preservation easement deed restrictions

(a) Upon receipt of an application for a special permit for a rural microenterprise in which more than 2,500 square feet of interior space of a heritage farm structure is proposed to be altered or finished, up to 100 percent of interior space of a heritage farm structure may be altered or finished provided the owner agrees to place on the structure, in a form approved by the Committee, a deed of heritage preservation easement as a condition of the issuance of the special permit.

(b) The heritage preservation easement shall be effective for 20 years from date of recording.

(c) The deed of heritage preservation easement shall be recorded in the county clerk's office within 30 days after the effective date of the Committee's approval of the rural microenterprise.

(d) If the Committee approves a renewal of a special permit prior to the expiration of that permit, the Committee shall record a renewal of the heritage preservation easement for a 20-year term in the county clerk's office within 30 days after the effective date of the Committee's approval of the renewal.

(e) If the Committee issues a new special permit for a rural microenterprise within a heritage farm structure after a previously-issued special permit has expired, a new 20-year heritage preservation easement shall be recorded in accordance with (c) above.

(f) The Committee shall record a termination of a heritage preservation easement in the county clerk's office within 30 days after the date of expiration or extinguishment pursuant to N.J.A.C. 2:76-22A.9(c).

(g) The heritage preservation easement deed restrictions shall be liberally construed to effectuate the purpose and intent of the New Jersey Rural Microenterprise Act, N.J.S.A. 4:1C-32.1et seq., and shall include the project components enumerated at N.J.A.C. 2:76-22A.3, 22A.4, and 22A.6.

(h) For any project where an owner is seeking a Federal income tax deduction for donating a conservation easement for the conservation purpose of the preservation of a historically important land area or a certified historic structure pursuant to 26 U.S.C. § 170, the owner can utilize a preservation easement template approved in advance and held by both the Committee and the New Jersey Historic Trust in lieu of the heritage preservation easement deed restrictions as set forth in this section.

N.J. Admin. Code § 2:76-22A.8

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