N.J. Admin. Code § 2:76-22.9 - Special permit

(a) No more than one special permit for a rural microenterprise activity shall be valid at any one time for use on the premises.

(b) No special permit shall be valid for more than 20 years unless an application for renewal is approved by the Committee.

1. Renewal of a special permit may be sought within 10 years of the date of scheduled permit expiration.

2. There shall be no fee for permit renewal, as long as the rural microenterprise activity will not change from what was originally permitted.

(c) The special permit shall not run with the land, and each special permit shall explicitly so state, in addition to the following:

1. The permit shall automatically terminate and the rural microenterprise activity shall cease if there is a change in the record ownership of the premises, except for the following:

i. The contract purchaser or prospective purchaser of the premises obtains approval for a special permit prior to the conveyance of the premises pursuant to N.J.A.C. 2:76-22.8(h); or

ii. Upon the death of the record owner of the premise, the heir(s) or estate representative obtain(s) approval for a special permit pursuant to N.J.A.C. 2:76-22.8(i);

2. In the event there is a change in record ownership of the premises after a special permit has been issued, the owner/seller and purchaser of the premises shall provide written notice of the change to the Committee, the owner of the development easement, and the clerk of the municipality in which the qualifying land is located; and

3. The commercial nonagricultural activity shall cease immediately upon a change in record ownership of the premises, except as provided for in (c)1 above.

i. An application may be submitted pursuant to N.J.A.C. 2:76-22.5, if the new owner of the premises wishes to continue the previously permitted rural microenterprise activity, or if the new owner wishes to establish a new rural microenterprise activity. The application shall be treated as a new application, and the new owner shall be required to comply with all procedures set forth in N.J.A.C. 2:76-22.5, including payment of an application fee.

(d) The special permit shall not be assigned or conveyed in any manner.

(e) The special permit shall be recorded by the owner of the premises with the County Clerk's Office in the same manner as a deed.

1. A copy of the recorded special permit shall be provided to the Committee, the clerk of the municipality in which the qualifying land is located, the owner of the development easement, and to any owner of land that was subdivided from the initial preserved farm, if applicable.

(f) The special permit shall be displayed in clear view on or in the structure(s) for which it was issued.

(g) Committee approval of a special permit shall not relieve the applicant from obtaining all other permits, approvals, or authorizations that may be required by Federal, State, or local law, rule, regulation, or ordinance.

(h) The rural microenterprise activity shall be deemed abandoned when it has not been in operation for a period of 18 consecutive months, unless the permittee, to the satisfaction of the Committee, provides documentation evidencing a hardship that prevented the operation of the rural microenterprise activity. The Committee shall provide written notice to the permittee that the rural microenterprise activity has been deemed abandoned and that the special permit shall be subject to revocation by the Committee after a hearing as set forth in N.J.A.C. 2:76-22.13(b).

(i) A rural microenterprise activity shall not be considered an agricultural use as defined in N.J.S.A. 4:1C-13.b.

(j) Nothing in this section shall be interpreted as providing a rural microenterprise activity with protection under section 9 of the "Right to Farm Act," P.L. 1983, c. 31 (N.J.S.A. 4:1C-9) if the rural microenterprise activity is not otherwise eligible for such protection.

Notes

N.J. Admin. Code § 2:76-22.9

Amended by 50 N.J.R. 1343(b), effective 6/4/2018