Bill Text: NJ A4376 | 2014-2015 | Regular Session | Introduced
Bill Title: Clarifies definition of agricultural deed restriction.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-05-11 - Reported out of Assembly Committee, 2nd Reading [A4376 Detail]
Download: New_Jersey-2014-A4376-Introduced.html
Sponsored by:
Assemblyman JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Clarifies definition of agricultural deed restriction
CURRENT VERSION OF TEXT
As introduced.
An Act concerning agricultural deed restrictions and amending P.L.1983, c.32.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1983, c.32 (C.4:1C-13) is amended to read as follows:
3. As used in this act:
a. "Agricultural development areas" means areas identified by a county agricultural development board pursuant to the provisions of section 11 of this act and certified by the State Agriculture Development Committee [;] .
b. "Agricultural use" means the use of land for common farmsite activities, including but not limited to: production, harvesting, storage, grading, packaging, processing and the wholesale and retail marketing of crops, plants, animals and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease and pest control, disposal of farm waste, irrigation, drainage and water management, and grazing [;] .
c. "Board" means a county agriculture development board established pursuant to section 7 or a subregional agricultural retention board established pursuant to section 10 of this act [;] .
d. "Committee" means the State Agriculture Development Committee established pursuant to section 4 of the "Right to Farm Act," P.L.1983, c.31 (C.4:1C-4) [;] .
e. "Cost," as used with respect to cost of fee simple absolute title, development easements or soil and water conservation projects, includes, in addition to the usual connotations thereof, interest or discount on bonds; cost of issuance of bonds; the cost of inspection, appraisal, legal, financial, and other professional services, estimates and advice; and the cost of organizational, administrative and other work and services, including salaries, supplies, equipment and materials necessary to administer this act [;] .
f. "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 the provisions of this act and any relevant rules or regulations promulgated pursuant hereto [;] .
g. "Development project" means any proposed construction or capital improvement for nonagricultural purposes [;] .
h. "Farmland preservation program" or "municipally approved farmland preservation program" (hereinafter referred to as municipally approved program) means any voluntary program, the duration of which is at least [8] 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 this act 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 section 14 of this act [;] .
i. "Fund" means the "Farmland Preservation Fund" created pursuant to the "Farmland Preservation Bond Act of 1981," P.L.1981, c.276 [;] .
j. "Governing body" means, in the case of a county, the governing body of the county, and in the case of a municipality, the commission, council, board or body, by whatever name it may be known, having charge of the finances of the municipality [;] .
k. "Secretary" means the Secretary of Agriculture [;] .
l. "Soil and water conservation project" means any project designed for the control and prevention of soil erosion and sediment damages, the control of pollution on agricultural lands, the impoundment, storage and management of water for agricultural purposes, or the improved management of land and soils to achieve maximum agricultural productivity [;] .
m. "Soil conservation district" means a governmental subdivision of this State organized in accordance with the provisions of R.S.4:24-1 et seq. [;] .
n. "Agricultural deed restrictions for farmland preservation purposes" means a statement containing the conditions of the conveyance and the terms of the restrictions set forth in P.L.1983, c.32 and as additionally determined by the committee on the use and the development of the land , including that the land be kept in agricultural use, which shall be recorded with the deed in the same manner as originally recorded.
(cf: P.L.1988, c.4, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill would clarify the definition of "agricultural deed restriction for farmland preservation purposes," as used in connection with various farmland preservation programs, to specify that it includes the requirement that the land be kept in agricultural use.
