Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Allows for relocation of approved residual dwelling site opportunities on preserved farmland under certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain exemptions to development on preserved farmland and supplementing P.L.1983, c.32 (C.4:1C-11 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. An owner of preserved farmland may relocate the residual dwelling site for any residual dwelling site opportunity specified on the preserved farmland's deed of easement by applying to, and obtaining the approval of, the county agriculture development board and the State Agriculture Development Committee. The county agriculture development board and State Agriculture Development Committee shall approve the application to relocate the residual dwelling site, provided that:
(1) the original residual dwelling site opportunity has not been exercised, or if the original residual dwelling site is developed or partially developed:
(a) the original residual dwelling site is returned to an undeveloped, preserved state useable for agricultural or horticultural purposes; or
(b) the original residual dwelling site is allocated for agricultural labor housing;
(2) the relocation does not result in a net loss of farmland, except as may be allowed for the original residual dwelling site to be used for agricultural labor housing; and
(3) the relocation does not have an adverse impact on the agricultural operation on the preserved farmland.
The municipality in which the preserved farmland is located, and, if the development easement is owned by a nonprofit, the nonprofit, shall be consulted in this application review and decision process.
b. Notwithstanding any other provision of law, or rule or regulation adopted pursuant thereto, to the contrary, an additional residual dwelling site opportunity may be approved pursuant to subsection a. of this section for a preserved farm of less than 200 acres on which the original residual dwelling site opportunity is being exercised for agricultural labor housing.
c. Upon approval of the application pursuant to subsection a. of this section, the owner of the preserved farmland shall file a corrective deed of easement with the appropriate county clerk's office indicating the relocation of the specific residual dwelling site and any other changes to the deed restrictions on the preserved farmland directed by the county agriculture development board and the State Agriculture development board pursuant to subsection a. of this section.
d. As used in this section:
"Preserved farmland" means land on which a development easement was conveyed to, or retained by, the State Agriculture Development Committee, a county agriculture development board, a municipality, or a qualifying tax exempt nonprofit organization pursuant to the provisions of section 24 of P.L.1983, c.32 (C.4:1C-31), section 5 of P.L.1988, c.4 (C.4:1C-31.1), section 1 of P.L.1989, c.28 (C.4:1C-38), section 1 of P.L.1999, c.180 (C.4:1C-43.1), sections 37 through 40 of P.L.1999, c.152 (C.13:8C-37 through C.13:8C-40), or any other State law enacted for farmland preservation purposes.
"Residual dwelling site" means the location of a constructed or planned residential unit and other permitted appurtenant structures.
"Residual dwelling site opportunity" means the potential to construct a residential unit and other permitted appurtenant structures to the residential unit.
"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 until shall be for agricultural or horticultural purposes.
2. This act shall take effect immediately.
STATEMENT
This bill allows the owner of preserved farmland to relocate the residual dwelling site for a residual dwelling site opportunity specified on the preserved farmland's deed of easement, with the approval of the county agriculture development board and the State Agriculture Development Committee, provided that:
1) the original residual dwelling site opportunity has not been exercised, or if the original residual dwelling site is developed or partially developed:
a) the original residual dwelling site is returned to an undeveloped, preserved state useable for agricultural or horticultural purposes; or
b) the original residual dwelling site is allocated for agricultural labor housing;
2) the relocation does not result in a net loss of farmland, except as may be allowed for the original residual dwelling site to be used for agricultural labor housing; and
3) the relocation does not have an adverse impact on the agricultural operation on the preserved farmland.