New Jersey Administrative Code
Title 2 - AGRICULTURE
Chapter 76 - STATE AGRICULTURE DEVELOPMENT COMMITTEE
Subchapter 24 - SOLAR ENERGY GENERATION ON PRESERVED FARMS
Section 2:76-24.3 - Definitions
The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Agreement" means a legally binding written document between the landowner(s) and the board in the case of a farmland preservation program or between the landowner(s), the board, and the municipal governing body, in the case of a municipally approved farmland preservation program, which must be signed by all parties and certified by the State Agriculture Development Committee to signify approval of a petition for creating a farmland preservation program or municipally approved farmland preservation program and recorded with the county clerk's office.
"Application" means a request to construct solar energy facilities, structures, and equipment on a preserved farm as detailed in a standard form adopted by the Committee.
"Biomass" means an agricultural crop, crop residue, or agricultural byproduct that is cultivated, harvested, or produced on the farm and which can be used to generate energy in a sustainable manner.
"Board" means a county agriculture development board established pursuant to 4:1C-14 or a sub-regional agricultural retention board established pursuant to 4:1C-17.
"Committee" or "SADC" means the State Agriculture Development Committee established pursuant to 4:1C-4.
"Conservation plan" means a site-specific plan that prescribes land treatment and related conservation and natural resources management measures that are deemed to be necessary, practical, and reasonable for the conservation, protection, and development of natural resources, the maintenance and enhancement of agricultural or horticultural productivity, and the control and prevention of non-point source pollution.
"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.
"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-11.1 et seq. or 13:8C-1 et seq. and any relevant rules promulgated pursuant thereto.
"Electric distribution company" or "EDC" means an electric public utility, as the term is defined in 48:2-13, that transmits or distributes electricity to end users within New Jersey. An EDC cannot be an electric power supplier, but may provide basic generation service.
"Electric distribution system" means that portion of an electric system, which delivers electricity from transformation points on the transmission system to points of connection at a customer's property.
"Energy costs" means the farm's expenses to provide power or heat to fixed structures on the farm during the previous calendar year. Fixed structures include buildings and permanent equipment but shall not include vehicles or vehicular equipment.
"Energy demand" means the total amount of power or heat consumed by fixed structures on the farm, expressed in kilowatt hours or kilowatt-hour equivalent, in a given period of time.
"Exception" means a portion of the applicant's landholdings that is 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" means lands from which a development easement was acquired and a deed of easement recorded with the county clerk's office or lands that are enrolled in an eight-year farmland preservation program or municipally approved farmland preservation program pursuant to 4:1C-11 et seq. and an agreement is recorded with the county clerk's office. Also included is any portion of the farm excluded from the premises that cannot be severed, known as a nonseverable exception, or any portion of the farm excluded from the premises that can be severed but has not been subdivided from the farm, known as a severable exception.
"Farmland preservation program" means any voluntary program, the duration of which is at least eight years, authorized by law enacted subsequent to the effective date of the Farmland Preservation Bond Act of 1981, P.L. 1981, c. 276, which has as its principal purpose the long-term preservation of significant masses of reasonably contiguous agricultural land within agricultural development areas adopted pursuant to 4:1C-11 et seq., P.L. 1983, c. 32, and the maintenance and support of increased agricultural production as the first priority use of that land.
"Geotextile fabrics" means permeable, woven and non-woven fabrics that allow for water infiltration into the underlying soil.
"Impervious cover" means any structure or surface that prevents the infiltration of precipitation into the land. This includes, but is not limited to, the inverter, pilings, poles, concrete, asphalt, machine-compacted soil, compacted stone areas, plastic or other impermeable ground cover, and foundations. Impervious cover shall not include the area of the solar panels or conservation practices listed in the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS) New Jersey Field Office Technical Guide (NJ-FOTG), which is incorporated herein by reference, as amended and supplemented, customized for the State of New Jersey, and prescribes practices and standards for the conservation and management of soil, water, and related natural resources, which is available at http://www.nrcs.usda.gov/wps/portal/nrcs/main/national/technical/fotg, when implemented according to the practice standard.
"Municipally approved farmland preservation program" or "municipally approved program" means any voluntary program, the duration of which is at least eight years, authorized by law enacted subsequent to the effective date of the Farmland Preservation Bond Act of 1981, P.L. 1981, c. 276, which has as its principal purpose the long-term preservation of significant masses of reasonably contiguous agricultural land within agricultural development areas adopted pursuant to 4:1C-11 et seq., P.L. 1983, c. 32, and the maintenance and support of increased agricultural production as the first priority use of that land. Any municipally approved program shall be established pursuant to 4:1C-21.
"Net metering" means a system of metering electricity in which the electric power supplier/provider and/or the EDC:
1. Credits a customer-generator at the full retail rate for each kilowatt-hour produced by a class I renewable energy system installed on the customer-generator's side of the electric revenue meter, up to the total amount of electricity used by that customer during an annualized period; and
2. Compensates the customer-generator at the end of the annualized period for any remaining credits, at a rate equal to the supplier/provider's avoided cost of wholesale power.
"Occupied area" means the total contiguous or noncontiguous area(s) supporting the solar energy facilities and related infrastructure. The total area calculation shall include all areas of land that are devoted to or support the solar energy facilities; any areas of land no longer available for agricultural or horticultural production due to the presence of the solar energy facilities; nonfarm roadways including access roads; any areas of the farm used for underground piping or wiring to transmit solar energy or heat where the piping or wiring is less than three feet from the surface; the square footage of solar energy facilities mounted on buildings; and areas consisting of other related facilities, structures, and equipment, including any other buildings or site amenities, deemed necessary for the production of solar energy on the farm. It shall also include the total contiguous or noncontiguous area(s) supporting any wind or biomass energy generation facilities and related infrastructure on the farm.
"Operator" means the person or entity that installs, owns, or controls the solar energy facilities, structures and equipment.
"Owner" means the owner of record of the farm.
"Person" means natural persons, public or private corporations, companies, associations, societies, firms, partnerships, and joint stock companies.
"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.
"Prime farmlands" means lands so defined by the USDA Natural Resources Conservation Service, as found in the National Soil Survey Handbook at NSSH Part 622.04, which is incorporated herein by reference, as amended and supplemented and is available at http://soils.usda.gov/technical/handbook/contents/part622.html.
"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 ).
"Site plan" means a plot plan that includes the following:
1. Property lines and physical dimensions of the farm, including block(s) and lot(s) designations as set forth in the property survey created at the time of preservation of the farm or an updated version thereof;
2. Location, configuration, and size of the occupied area measured in square feet and acres;
3. Facility specifications, including manufacturer and model; industry technical bulletin describing the solar energy equipment; method of mounting; system height; rated capacity and expected annual generation/production in alternating current in kilowatt hours, if power will be generated, or BTUs and kilowatt-hour equivalent, if heat will be produced;
4. Location of above- and below-ground pipes, wires, and any other improvements or infrastructure to accommodate the solar energy facilities, with depths indicated for below-ground improvements and infrastructure;
5. For facilities that will be net metered, the location of electric meters and sources of energy demand that will be serviced by the facilities;
6. Proposed new roadways and existing roadways used to install, maintain, or otherwise access the solar energy facilities;
7. Computed distances for setbacks from property lines and roads;
8. Location and computed areas where concrete, asphalt, gravel, geotextile fabrics, or other such land treatments are proposed and the nature and extent of any site disturbances within the occupied area;
9. Location, rated capacity, installation date, and annual generation/production of any existing solar, wind, or biomass energy equipment or structures on the farm in alternating current kilowatt hours, if power is generated, or kilowatt-hour equivalent, if heat is produced;
10. Location of all existing structures and improvements on the farm;
11. For a farm with an occupied area of greater than one acre on the premises, a copy of the conservation plan that was approved by the soil conservation district, which is set forth at 2:76-24.6(a)1 i(4); and
12. A copy of the farmland assessment form for the most recent tax year approved by the local tax assessor for the farm.
"Solar energy" means electricity or heat that is generated through a system that employs solar radiation.
"Solar energy facilities" means distinct solar energy systems that require their own dedicated inverter, electrical distribution, and transmission wiring system, and all other associated components, including, but not limited to, solar panels and films, arrays, collectors, piping, footings, supports, mounting and stabilization devices, pumps, transformers, utility poles, and other on-farm equipment, structures, and infrastructure necessary to operate and maintain the system for the generation of power or heat.
"Topsoil" means the upper part of the soil, generally the plow layer within the "A" horizon(s), ordinarily rich in organic matter, which is the most favorable material for plant growth.
"Wind energy" means electrical or mechanical power that is generated through a system that employs the kinetic energy in the wind.
