N.J. Admin. Code § 2:76-22A.9

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

Section 2:76-22A.9 - Procedures in case of casualty loss of heritage farm structure's protected features

(a) If the protected features are damaged or destroyed by fire, flood, windstorm, hurricane, earth movement, or other like casualty, the owner shall notify the Committee in writing within 10 days of the damage or destruction, with such notice describing what, if any, emergency work already has been completed. No repairs or reconstruction of any type, other than temporary emergency work to prevent further damage to the protected features and to protect public safety, shall be undertaken by the owner without the Committee's prior written approval.

(b) Within 60 days of the date of damage or destruction, and if required by the Committee, the owner, at the owner's sole expense, shall provide the Committee with a written report prepared by a qualified architect or historic architect who meets the professional qualifications set forth in N.J.A.C. 2:76-22A.3(d), which report shall include the following:

1. An assessment of the nature and extent of the damage to the protected features;

2. A determination of the feasibility of the restoration and/or reconstruction of the damaged or destroyed portions of the protected features; and

3. A report recommending restoration/reconstruction work necessary to return the protected features to the condition they were in as of the date of execution of the deed of easement for heritage preservation.

(c) The Committee shall have 60 days from receipt of a complete report as set forth in (b) above within which to review the report and notify the owner, in writing, of its recommendations concerning restoration and reconstruction. Prior to making its recommendations, the Committee shall make a reasonable effort to consult with the owner and discuss the various options. If, after reviewing such report, the Committee and the owner agree that the purpose of the deed of heritage preservation easement would be served by the recommended restoration/reconstruction, the Committee and the owner shall establish a schedule pursuant to which the owner shall complete the restoration/reconstruction, in accordance with plans and specifications agreed to by the parties.

(d) If the Committee determines, after reviewing the report, that restoration/reconstruction would not serve the purpose and intent of the deed of heritage preservation easement, or is not practicable, then the owner may, with the Committee's prior written approval, demolish, remove, or raze all or a portion of the protected features and/or construct improvements. In this event, the owner and the Committee may agree to extinguish the deed of heritage preservation easement in whole or in part, said extinguishment to be recorded by the Committee in the county clerk's office.

N.J. Admin. Code § 2:76-22A.9

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