New Jersey Administrative Code
Title 2 - AGRICULTURE
Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE
Subchapter 22 - SPECIAL PERMIT FOR COMMERCIAL NONAGRICULTURAL ACTIVITY ON PRESERVED FARMLAND
Section 2:76-22.3 - 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 a rural microenterprise activity 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.
"Building" means a structure enclosed with exterior walls or fire walls, built, erected, and framed of component structural parts, designed for the housing, shelter, enclosure, or support of individuals, animals, or property of any kind. "Building" and "structure" shall be interchangeable except where the context clearly indicates otherwise.
"Character-defining features" means the overall shape of a heritage farm structure, its materials, craftsmanship, decorative details, features, and the significant aspects of its site and surrounding environment.
"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.
3. A farm management unit that is a beekeeping operation producing honey or other agricultural or horticultural apiary-related products, or providing crop pollination services, worth $ 10,000 or more annually.
"Commercial nonagricultural activity" means a small enterprise or low impact use that is not permitted under the terms of the deed of easement, but which may be permitted pursuant to 4:1C-32.1 and this subchapter. It does not include franchises, chain stores, big box stores, high volume businesses, or a personal wireless service facility as defined in this section and regulated pursuant to 4:1C-32.2.
"Committee" means the State Agriculture Development Committee established pursuant to 4:1C-4.
"Deed of easement" means the instrument 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.
"Determination of Compatibility" means a written approval issued by the Committee permitting the finishing, alteration, new construction, relocation, or demolition of structures supporting a rural microenterprise, provided the changes are compatible with the agricultural character of the premises and surrounding agricultural landscape and do not diminish the historic or cultural character of a heritage farm structure.
"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 N.J.S.A. 4:1C-11.1et seq. and any relevant rules or regulations promulgated pursuant thereto.
"Exception" means a portion of an applicant's landholdings excluded from the premises and unencumbered by the farmland preservation restrictions mandated by N.J.A.C. 2:76-6.15(a) and set forth in the deed of easement. This includes portions of the farm that cannot be severed from the premises, known as nonseverable exceptions, portions of the farm excluded from the premises that can be severed but have not yet been subdivided from the farm, known as severable exceptions, and other portions of the farm excluded from or not encumbered by 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.
"Farmer" means a person who owns and operates the premises subject to the following:
1. Exclusive of any income received from the rental of lands, realized gross sales of at least $ 2,500 for agricultural or horticultural products produced on the premises during the calendar year immediately preceding submission of an application for a special permit;
2. Continues to own and operate the premises and meet the income threshold every year during the term of the special permit; and
3. The definition of "farmer" is satisfied when the owner and operator of the premises are comprised of one or more of the same individuals, whether singly or as manager(s)/owner(s) of a business entity.
"Heritage farm structure" means a building or structure that is significantly representative of New Jersey's agrarian history or culture and that has been designated as such by the Committee.
"Heritage preservation easement" means an interest in land less than fee simple absolute, stated in the form of a deed restriction executed by or on behalf of the owner of the land, appropriate to preserving a building or structure and its curtilage that is significant for its value or importance to New Jersey's agrarian history or culture, and to be used exclusively for the purposes of implementing sections 1 and 3 of P.L. 2005, c. 314 ( N.J.S.A. 4:1C-32.1 and 32.3) in order to limit alterations in the exterior form or features of such building or structure. The heritage preservation easement shall be in a form approved by the Committee, be recorded against the premises, be held by the Committee, and run with the land.
"High traffic volume business" means a business for which the volume and frequency of visitors, deliveries, truck, and other vehicle traffic exceeds the number of designated parking spaces under normal conditions or creates a nuisance for neighboring properties or the municipality.
"Owner of the premises" means the person who owns qualifying land.
"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 land" means a farm on which a development easement was conveyed to, or retained by, the Committee, a board, or a qualifying tax exempt nonprofit organization prior to January 12, 2006, the date of enactment of N.J.S.A. 4:1C-32.1et seq., and in accordance with the provisions of section 24 of P.L. 1983, c. 32 ( N.J.S.A. 4:1C-31) , section 5 of P.L. 1988, c. 4 ( N.J.S.A. 4:1C-31.1) , section 1 of P.L. 1989, c. 28 ( N.J.S.A. 4:1C-38), section 1 of P.L. 1999, c. 180 ( N.J.S.A. 4:1C-43.1), or sections 37 through 40 of P.L. 1999, c. 152 ( N.J.S.A. 13:8C-37 through 13:8C-40), and for which no portion of the farm was excluded from the area preserved under the deed of easement. Lands preserved by a county, local government unit, or qualifying tax exempt nonprofit organization for farmland preservation purposes by the acquisition of a deed of easement prior to January 12, 2006, shall be deemed "qualifying land" even if the instrument memorializing the Committee's interests in the deed of easement was recorded after that date.
"Qualifying tax exempt nonprofit organization" means the same as that term is defined pursuant to section 3 of P.L. 1999, c. 152 ( N.J.S.A. 13:8C-3).
"Rural microenterprise" means a small-scale business or activity that is fully compatible with agricultural use and production on the premises, does not, at any time, detract from, diminish, or interfere with the agricultural use of the premises, and is incidental to the agricultural use of the premises. "Rural microenterprise" shall not include a personal wireless service facility as defined and regulated pursuant to N.J.S.A. 4:1C-32.2. There shall be two categories of rural microenterprise activities as follows:
1. Class 1 shall include customary rural activities, which rely on the equipment and aptitude historically possessed by the agricultural community, such as snow plowing, bed and breakfasts, bakeries, woodworking, and craft-based businesses; and
2. Class 2 shall include agricultural support services, which have a direct and positive impact on agriculture by supplying needed equipment, supplies, and services to the surrounding agricultural community, such as veterinary practices, seed suppliers, and tractor equipment repair shops.
"Rural microenterprise lessee" means an operator of a rural microenterprise who does not own the qualifying land and who operates the rural microenterprise in accordance with a lease with the owner of the qualifying land.
"Special permit" means a permit to allow one rural microenterprise activity to occur on qualifying land issued by the Committee pursuant to N.J.S.A. 4:1C-32.1 and the procedures and criteria set forth in this subchapter.
"Structure" means a combination of materials to form a construction or occupancy, use, or ornamentation, whether installed on, above, or below the surface of a parcel of land. "Building" and "structure" shall be interchangeable, except where the context clearly indicates otherwise.
