Bill Text: NJ A3139 | 2018-2019 | Regular Session | Introduced
Bill Title: Allows relocation of certain exceptions from deed restrictions on preserved farmland.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-02-08 - Introduced, Referred to Assembly Agriculture and Natural Resources Committee [A3139 Detail]
Download: New_Jersey-2018-A3139-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Allows relocation of certain exceptions from deed restrictions on preserved farmland.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning preserved farmland and supplementing Title 4 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Exception for development" means any undeveloped land on a farm entered into a farmland preservation program which is not considered preserved farmland.
"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.
2. a. Notwithstanding any other law, or rule or regulation adopted pursuant thereto, to the contrary, whenever the owner of a farm with an exception for development determines that all or a portion of the existing exception for development is better suited as preserved farmland and a portion of the existing preserved farmland of the same size is better suited as an exception for development, the owner of the farm may apply to the entity holding the development easement on the preserved farmland to move the location of the exception for development to the newly designated location on a portion of the preserved farmland.
b. The entity holding the development easement on the preserved farmland and the State Agriculture Development Committee shall approve the application unless either entity finds that:
(1) the existing exception for development has been developed for a residence other than housing for agricultural employees or workers;
(2) there is a net loss in the acreage, or a loss in the quality, of preserved farmland in agricultural or horticultural use as a result of the relocation; or
(3) relocation of the existing exception for development would have a significant adverse effect on agricultural or horticultural operations on the farm.
c. (1) The applicant for a relocation approval granted pursuant to subsection a. of this section shall not be entitled to receive any compensation for placement of a development easement for farmland preservation purposes on the former site of the exception for development.
(2) The applicant shall pay all reasonable costs incurred by any party resulting from relocation of an exception for development pursuant to this act, including any reasonable application fee that may be assessed by the entity holding the development easement on the preserved farmland.
d. An owner of a farm may be granted approval for only one relocation of an existing exception for development on the farm.
e. The development of land for agricultural buildings shall have no impact on an application to move an exception pursuant to this section.
f. The State Agriculture Development Committee may issue any guidelines, or adopt any rules or regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), it determines necessary for implementation of this act.
3. This act shall take effect immediately.
STATEMENT
This bill provides that the owner of a farm with an exception for development may apply to the entity holding the development easement on the preserved farmland to move the location of the exception for development, if the owner determines that all or a portion of the existing exception for development is better suited as preserved farmland and a portion of the existing preserved farmland of the same size is better suited as an exception for development. The bill defines "exception for development" as any undeveloped land on a farm entered into a farmland preservation program which is not considered preserved farmland.
The bill requires the entity holding the development easement on the preserved farmland and the State Agriculture Development Committee to approve the application unless either entity finds that:
1) the existing exception for development has been developed for a residence;
2) there is a net loss in the acreage, or loss in the quality, of preserved farmland in agricultural or horticultural use as a result of the relocation; or
3) relocation of the existing exception for development would have a significant adverse effect on agricultural or horticultural operations on the farm.
The bill also specifies that the development of land for agricultural buildings or for agricultural worker housing would have no impact on an application to move an exception.
