Current through Register Vol. 56, No. 18, September 16, 2024
(a) Upon a landowner's
request, residual dwelling site opportunities may be allocated to the premises by
the board only under the following conditions:
1.
The overall gross density shall not exceed one residential unit per 100 acres. The
board shall decrease the allocation in consideration of the following conditions:
i. Existing residential buildings on the
premises;
ii. Proposed residential
building(s) which have received preliminary and/or final approval from the
municipality but have not yet been constructed; and
iii. In no case shall the overall density of
residual dwelling site opportunities, existing residential buildings and proposed
residential buildings exceed one unit per 100 acres.
2. The board may decrease the allocation in
consideration of the following conditions:
i.
Exceptions of parcels of land from a tax block and lot contained in the application
to sell a development easement or a tax block and lot adjacent to the application
which is under the same record ownership as the landowner; and
ii. Other factors which the board deems
appropriate.
(b)
At the landowner's option, the allocation of residual dwelling site opportunities
may be reduced at any time prior to the sale of the development easement.
(c) The following restriction shall be attached to
and recorded with the deed of the land and shall run with the land to identify the
number of residual dwelling site opportunities allocated to the premises:
(...) residual dwelling site opportunities have been allocated to
the Premises pursuant to the provisions of
2:76-6.1 7, "Residual Dwelling Site
Opportunity". The Grantor's request to exercise a residual dwelling site opportunity
shall comply with the rules promulgated by the Committee in effect at the time the
request is initiated.
In the event a division of the Premises occurs in compliance with
deed restriction No. 15 below, the Grantor shall prepare or cause to be prepared a
Corrective Deed of Easement reflecting the reallocation of the residual dwelling
site opportunities to the respective divided lots. The Corrective Deed shall be
recorded with the County Clerk. A copy of the recorded Corrective Deed shall be
provided to the Grantee and Committee.
In the event a residual dwelling site opportunity has been
approved by the Grantee, the Grantor shall prepare or cause to be prepared a
Corrective Deed of Easement at the time of Grantee's approval. The Corrective Deed
shall reflect the reduction of residual dwelling site opportunities allocated to the
Premises. The Corrective Deed shall be recorded with the County Clerk. A copy of the
recorded Corrective Deed shall be provided to the Grantee and Committee.
For purposes of this Deed of Easement:
"Residual dwelling site opportunity" means the potential to
construct a residential unit and other appurtenant structures on the Premises in
accordance with 2:76-6.1 7.
"Residual dwelling site" means the location of the residential
unit and other appurtenant structures.
"Residential unit" means the residential building to be used for
single family residential housing and its appurtenant uses. The construction and use
of the residential unit shall be for agricultural purposes.
(d) Nothing in this section shall be construed to
mandate the board to allocate a residual dwelling site opportunity to the
premises.
(e) A request to exercise an
RDSO shall be conducted in the following manner:
1.
If a landowner or contract purchaser intends to exercise a residual dwelling site
opportunity subsequent to the purchase of a development easement, an application
shall be submitted to the board. If a contract purchaser submits the request, the
record owner shall also endorse the application.
2. The application shall contain the information
required by the board.
3. Upon receipt
of the application the board shall forward a copy of the application to the
municipal governing body for advisory comments. The governing body may submit
comments, if any, concerning the application to the board within 35 days of the
receipt of the application.
4. Upon
receipt of the application the board shall forward a copy of the application to the
Committee.
5. The Committee may submit
comments, if any, concerning the application to the board within 35 days of its
receipt.
6. The Committee's failure to
submit any comments shall not be construed as recommending approval or denial of the
application.
7. Upon the expiration of
the 35-day committee comment period, the board may review the application to
exercise an RDSO.
8. The residual
dwelling site opportunity may only be exercised if the board determines that the
construction and use of the residential unit is for agricultural purposes and that
the location of the residual dwelling site minimizes any adverse impact on the
agricultural operation.
9. Upon the
board's finding that the construction and use of the proposed residential unit is
for agricultural purposes and that the residual dwelling site minimizes any adverse
impact on the agricultural operation, the board shall condition its approval of the
exercising of the residual dwelling site opportunity on the landowner or contract
purchaser securing a building permit, to ensure that the construction of the
residential unit is in compliance with all municipal ordinances.
10. The board's approval to exercise a residual
dwelling site opportunity shall be valid for a period of three years from the date
of approval. Extensions may be granted by the board for additional periods for at
least one year but not to exceed a total extension of two years.
(f) Documentation of the status of an
allocated residual dwelling site opportunity shall be as follows:
1. In the event a division of the premises occurs
in compliance with
2:76-6.1 5(a)15, the landowner shall
prepare or cause to be prepared a Corrective Deed of Easement reflecting the
reallocation of the residual dwelling site opportunities to the respective divided
lots. The Corrective Deed shall be recorded with the county clerk. A copy of the
recorded Corrective Deed shall be provided to the board and Committee; and
2. In the event a residual dwelling site
opportunity has been approved by the board, the landowner shall prepare or cause to
be prepared a Corrective Deed of Easement at the time of the board's approval. The
Corrective Deed shall reflect the reduction of residual dwelling site opportunities
allocated to the premises. The Corrective Deed shall be recorded with the county
clerk. A copy of the recorded Corrective Deed shall be provided to the board and
Committee.
(g) A person who
was, but is no longer, regularly engaged in common farmsite activities on the
premises may continue living in a residential unit only if he or she has:
1. Retired from farming, as long as he or she was
regularly engaged in common farmsite activities on the premises for at least five
years while residing in the residential unit; or
2. Suffered a disability and can no longer engage
in farming as a result of the disability.
(h) Upon the death of a person who was regularly
engaged in common farmsite activities on the premises (farmer occupant), the farmer
occupant's spouse, domestic partner registered pursuant to
26:8A-1 et seq. (domestic partner), and
children may continue residing in the residential unit subject to the following
conditions:
1. The farmer occupant's spouse,
domestic partner, or children must have been residing in the residential unit at the
time of the farmer occupant's death;
2.
A child who was claimed as a dependent on the farmer occupant's most recent Federal
income tax return filed before his or her death may continue residing in the house
as long as his or her status as a dependent for Federal income tax purposes is
maintained.
i. Upon losing his or her status as a
dependent for Federal income tax purposes, the child may continue residing in the
residential unit as long as the farmer occupant's spouse or domestic partner resides
there. If the farmer occupant's spouse or domestic partner no longer lives in the
residential unit, the child shall:
(1) Vacate the
residential unit; or
(2) Become
regularly engaged in common farmsite activities on the premises;
3. A child who was not
claimed as a dependent on the farmer occupant's most recent Federal income tax
return filed before his or her death may continue residing in the residential unit
as long as the farmer occupant's spouse or domestic partner continues to reside in
the residential unit. If the farmer occupant's spouse or domestic partner no longer
resides in the residential unit, the child shall:
i. Vacate the residential unit; or
ii. Become regularly engaged in common farmsite
activities on the premises; and
4. Other family members not addressed in this
subsection above, including but not limited to, a parent or sibling of the farmer
occupant, may reside in the residential unit only with the joint approval of the
board and committee (or with the sole approval of the committee if the committee
owns the development easement). When considering requests, the board and committee
shall consider the financial and health status of the family member and serious
hardships that may warrant the family member to live in the residential
unit.
