ASSEMBLY, No. 3736

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED MARCH 16, 2020

 

 

Sponsored by:

Assemblyman  RONALD S. DANCER

District 12 (Burlington, Middlesex, Monmouth and Ocean)

 

 

 

 

SYNOPSIS

     Authorizes subdivision of certain preserved farms into smaller preserved farms under certain circumstances.

 

CURRENT VERSION OF TEXT

     As introduced.

  

An Act concerning preserved farms, and supplementing P.L.1983, c.32 (4:1C-11 et seq.).

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  Notwithstanding the provisions ofP.L.1983, c.32 (4:1C-11 et seq.) or any other law, or any rules or regulations adopted pursuant thereto, or the provisions of any deed or development easement held for farmland preservation purposes by the State Agriculture Development Committee, to the contrary, the owner of the land for which the development easement is held by the committee, may subdivide the land, and sell or otherwise convey, a parcel or parcels of the land resulting from the subdivision to another person or persons, provided that:

     (1)   the subdivision of the land results in agriculturally viable parcels, excluding any acreage set aside for residential dwelling sites or other permitted buildings or development;

     (2)   the land remains in the farmland preservation program;

     (3)   the agricultural restrictions and specifications are recorded on the deed, including but not limited to, any allocated residential dwelling site opportunity which may pertain to the parcel; and

     (4)   the person acquiring a parcel resulting from the subdivision agrees to comply with the agricultural deed restrictions for farmland preservation purposes established on the land.

     The State Agriculture Development Committee may not unreasonably withhold approval of the subdivision pursuant to this subsection based on its determination of whether the resulting parcel or parcels areagriculturally viable.

     b.    The person acquiring the parcel shall be eligible to use any residential dwelling site opportunity allocated to the parcel prior to its sale, and the residential dwelling site opportunity shall remain with the parcel.  However, the committee may restrict the use of a residential dwelling site opportunity based on buildings that may be present on the parcel at the time of sale,  and the person acquiring the parcel shall not be eligible for any residential dwelling site opportunity that has been used prior to the sale, or is not allocated or does not otherwise pertain to the parcel prior to its sale.

     c.     Upon the closing of the sale or conveyance of the parcel pursuant to subsection a. of this section, the parcel and the person acquiring the parcel shall be subject to all the requirements and provisions of the applicable farmland preservation program, including inspections to ensure compliance with the use restrictions and other requirements of the program.

     d.    Provided that the subdivision, sale, or conveyance of the parcel is consistent and in compliance with the provisions of this section except as otherwise provided in subsection e. of this section, this section, shall not be construed to prevent:

     (1)   the subsequent sale or conveyance of any parcel sold or otherwise conveyed pursuant to subsection a. of this section;

     (2)   the further subdivision of the sold or conveyed parcel and the sale or conveyance of additional parcels; or

     (3)   the further subdivision of the original land subdivided into the sold or conveyed parcel or parcels pursuant to subsection a. of this section.

     e.     The State Agriculture Development Committee, for a specific period of time not to exceed five years from the date of acquisition of the parcel or the most recent subdivision, may restrict:

     (1)   the person acquiring the parcel subject to the provisions of this section from subdividing that parcel; or

     (2)   the originalowner of land for which a development easement is held by the committee for farmland preservation purposes from additional subdividing of the land.

     If the committee determines that any further subdivision of the parcel or land cannot result in agriculturally viable parcels, the committee may permanently prohibit any further subdivision of the parcel or land, as applicable.

     f.     No provision of this section shall be construed to interfere with any municipal authority to approve or restrict the subdivision of property pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.).

     g.    For the purposes of this section, "agriculturally viable parcel" means anagriculturally viable parcel as defined in the State Agriculture Development Committee policy entitled "Division of Permanently Preserved Farmland," and specifically, a parcel capable of sustaining a variety of agricultural operations that yield a reasonable economic return under normal conditions solely from the parcel's agricultural output.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill allows for the subdivision of farmland for which the State holds a development easement, and for the sale or conveyance of the resulting parcel or parcels provided that the requirements in subsection a. of section 1 of the bill are met.  The bill also allows for such subdivided parcels to be sold again or to be further subdivided, provided there is compliance with all the requirements of the bill and the farmland preservation program.