N.J. Admin. Code § 2:76-23.3

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

Section 2:76-23.3 - Definitions

As used in this subchapter, the following words and terms shall have the following meanings:

"Application" means a request for a special permit to allow for erection of a personal wireless service facility as detailed in a standard form adopted by the Committee.

"Board" means a county agriculture development board established pursuant to 4:1C-17 or a sub-regional agricultural retention board established pursuant to 4:1C-20.

"Commercial farm" means:

1. A farm management unit of no less than five acres producing agricultural or horticultural products worth $ 2,500 or more annually, and satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, 54:4-23.1 et seq.; or

2. A farm management unit less than five acres, producing agricultural or horticultural products worth $ 50,000 or more annually and otherwise satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, 54:4-23.1 et seq.

"Committee" means the State Agriculture Development Committee established pursuant to 4:1C-4.

"Deed of easement" means the deed restricting the premises for agricultural purposes that is recorded with the county clerk's office pursuant to the provisions of section 24 of P.L. 1983, c. 32 (4:1C-31 ) , section 5 of P.L. 1988, c. 4 (4:1C-31.1) , section 1 of P.L. 1989, c. 28 (4:1C-38) , section 1 of P.L. 1999, c. 180 (4:1C-43.1) , or sections 37 through 40 of P.L. 1999, c. 152 (13:8C-37 through 13:8C-40) . For land acquired in fee simple title for farmland preservation purposes, the deed transferring the restricted fee ownership of the land by the committee or other entity is considered the deed of easement.

"Development easement" means an interest in land, less than fee simple absolute title thereto, which enables the owner to develop the land for any nonagricultural purpose as determined by and acquired under the provisions of 4:1C-32.1 and any relevant rules or regulations promulgated pursuant thereto.

"Exception" means a portion of an applicant's landholdings excluded from the premises and although identified in the deed of easement, is unencumbered by the farmland preservation restrictions mandated by 2:76-6.1 5(a) and set forth in the deed of easement.

"Farm management unit" means a parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures and facilities, producing agricultural or horticultural products, and operated as a single enterprise.

"Person" means natural persons, public or private corporations, companies, associations, societies, firms, partnerships and joint stock companies.

"Personal wireless service facility" means a personal wireless service tower and any associated equipment and structures necessary to operate and maintain that tower, as regulated pursuant to Federal law.

"Premises" means the property subject to the deed of easement as defined by the legal metes and bounds description contained in the deed of easement.

"Qualifying tax exempt nonprofit organization" shall have the same meaning as set forth in section 3 of P.L. 1999, c. 152 (13:8C-3) .

"Special permit" means a permit to allow one personal wireless communication facility on a preserved farm, issued by the Committee (in its sole discretion if the Committee owns the development easement or in the joint discretion of the Committee and a board or qualifying tax exempt nonprofit organization holding the deed of easement), pursuant to 4:1C-32.2 and the procedures and criteria set forth in this subchapter.

N.J. Admin. Code § 2:76-23.3