A.
Land in which transfer of development rights ("TDR") credits were created and severed under the former Voluntary TDR Program pursuant to Ordinance No. 2008-20, as amended by Ordinance No. 2014-09 and Ordinance No. 2018-13, shall continue to be subject to the TDR deed of easement that was recorded on the land, as well as the following requirements:
(1)
Permitted uses. The uses permitted in the TDR deed of easement will continue to be authorized on the land as set forth in the recorded TDR deed of easement.
(2)
Nonconforming uses. All uses other than agricultural uses, if any, existing on the land at the time of TDR deed of easement may be continued and any structure may be restored or repaired in the event of partial destruction. No new structures, or the expansion of preexisting structures for nonagricultural uses, are permitted, except as specifically authorized herein. In the event a preexisting nonagricultural use is abandoned, the right to continue the use is extinguished.
(3)
Agricultural labor housing. The provision of structures for housing of agricultural labor employed by the landowner or the operator of the agricultural operation is permitted, provided all necessary approvals are obtained. Such housing shall not be used as a residence for the landowner, landowner's spouse, landowner's parents, landowner's lineal descendants, adopted or natural, landowner's spouse's siblings, parents or landowner's spouse's lineal descendants, adopted or natural. Such land shall only be occupied by agricultural labor who works at the agricultural operation which is operated on the land subject to the TDR deed of easement.
(4)
Other housing. The construction of new buildings for residential use or any residential subdivision, regardless of its purpose, shall be prohibited except as follows, and provided all necessary approvals are obtained:
(a)
The construction of a residential building on the land shall be permitted solely in order to replace any permitted single-family or multifamily residential building that exists on the land and that has been declared unfit for human occupancy pursuant to the International Property Maintenance Code or the Township Code, it was lived in for at least 90 consecutive days during the prior two years.
(b)
The construction of up to a 50% expansion of any existing single-family or multifamily residential building on the premises up to a maximum of 2,000 square feet, provided that no new dwelling unit is created and the addition is used solely for residential purposes.
(c)
If at the time of recording of the TDR deed of easement the premises contains no residential unit(s) and is greater than 15 acres but less than 50 acres in size, the construction of one new single-family residential unit provided that, as of the date of application for the building permit, the owner has retained one TDR credit and prior to issuance of the building permit has recorded a deed of extinguishment for the TDR credit.
(d)
If at the time of recording of the TDR deed of easement the land was 50 acres or more in size excluding the land area occupied by any buildings or structures used for a nonconforming nonresidential use, the construction of new single-family residential units is permitted on the premises without the use of TDR credits provided the total number of single-family residential units (including existing units) which may be built on the land shall not exceed one unit per 50 acres of gross land area.
(e)
Except for land subject to a prior subdivision, a one-time subdivision of the land resulting in a vacant parcel that is at least 15 acres but less than 50 acres in size shall be permitted provided that the owner has retained one TDR credit as of the date of application for the subdivision and as a condition of approval has recorded a deed of extinguishment for the TDR credit.
(5)
Other buildings. The construction of new buildings for nonresidential use or any nonresidential subdivision, regardless of its purpose, shall be prohibited except as follows, and provided all necessary approvals are obtained:
(a)
New buildings for nonresidential agricultural purposes may be constructed on the premises to the extent permitted by Chapter 203.
(b)
To the extent permitted by Chapter 203, a building that existed on the land at the time of recording of the TDR deed of easement may be expanded up to 50%, but in no case shall the expansion be greater than 2,000 square feet of the building's original size, where such expansion is for the purposes of utilizing the building for a winery, brewery, distillery and/or other alcohol production facility on the premises, provided that the predominant crops on the land are used in the production and the use does not diminish the actual or potential use of the land for agricultural production.
(c)
To the extent permitted by Chapter 203, a building that existed on the land at the time of recording of the TDR deed of easement may be expanded up to 50%, but in no case shall the expansion be greater than 2,000 square feet of the building's original size, where such expansion is for the purpose of utilizing the building for a bed-and-breakfast if it is demonstrated that the uses individually or collectively will not diminish the actual or potential use of the land for agricultural production.
(d)
To the extent permitted by Chapter 203, a building that existed on the land at the time of recording of the TDR deed of easement may be expanded up to 50%, but in no case shall the expansion be greater than 2,000 square feet of the building's original size, where such expansion is for the purpose of utilizing the building for social events such as weddings, and temporary structures may be used for said social events if it is demonstrated that the uses individually or collectively will not diminish the actual or potential use of the land for agricultural production.
(6)
No activity shall be permitted which would be detrimental to drainage, flood control, water conservation, erosion control, or soil conservation, nor shall any other activity be permitted which would be detrimental to the continued agricultural use of the land and buildings.
(7)
Public improvements, including but not limited to roadways, drainage facilities and other public infrastructure, are permitted so long as the public improvements individually or collectively have no more than a de minimis impact on the actual or potential use of the land for agricultural production. The right to maintain all roads and trails existing upon the land as of the date of the TDR deed of easement shall be preserved. The construction, improvement or reconstruction of any roadway necessary to service crops, agricultural buildings, or reservoirs is permitted as necessary.
(8)
To the extent permitted by the Chapter 203 or the Right to Farm Act,[1] the land may be used for certain recreational activities such as hunting, fishing, cross-country skiing and ecological tours, only if such activities do not interfere with the actual or potential use of the land for agricultural production. Other recreational activities which alter the land, such as indoor recreational facilities, golf courses and athletic fields, are prohibited unless expressly authorized by the TDR deed of easement. However, if the premises is acquired by a governmental entity, the governmental entity may establish outdoor active recreational uses on the land.
[1]
Editor's Note: See N.J.S.A. 4:1c-1 et seq.
(9)
Disposal of sludge or any waste material resulting from treatment of wastewater, domestic or otherwise, is expressly prohibited. No sand, gravel, loam, rock or other minerals shall be deposited on or removed from the premises except those materials required by the agricultural purpose for which the land is used. No dumping or placing of trash or waste material shall be permitted unless expressly authorized by the State Agricultural Development Committee or the County Agricultural Development Board as an agricultural management practice and pursuant to the Right to Farm Act and subject to any restrictions imposed by the Township consistent with that act.
(10)
No historic building or structure (included in the New Jersey Register of Historic Places) located on the land may be demolished by the grantor or any other person without the prior approval of the Township Committee, with a recommendation from the Joint Land Use Board.
(11)
The construction of billboards, golf courses, cellular phone towers, solar panels, wind turbines, airstrips, and helicopter pads is expressly prohibited. Notwithstanding this subsection, solar panels and wind turbines used to generate electricity for uses on the premises are permitted to the extent permitted by Chapter 203.
(12)
To the extent permitted by Chapter 203 or the Right to Farm Act, fences may be constructed in support of the agricultural operation and to prevent trespassing. On any designated public areas, no fences shall be erect to block access to public areas from the general public.
(13)
Agricultural management practices as have been and continue to be promulgated by the New Jersey State Agriculture Development Committee pursuant to its authority under N.J.A.C. 2:76-2.1 et seq., N.J.A.C. 2:76-2A.1 et seq., N.J.A.C. 2:76-2B.1 et seq. and the Right to Farm Act (N.J.S.A. 4:1C-1 et seq.) are expressly permitted.
(14)
The right to plant, grow, and harvest trees, timber and forest products and to engage in other woodland management activities related thereto provided that the same are carried out in a manner consistent with the Farmland Assessment Act of 1964 (N.J.S.A. 54:4-23.1 et seq.).
(15)
To the extent permitted by Chapter 203, permissible improvements allowed in conjunction with permitted uses to include the installation of needed driveway and/or road access and ancillary unpaved parking areas for a maximum of 75 vehicles, if it is demonstrated that the uses individually or collectively will not diminish the actual or potential use of the land for agricultural production and subject to the review and approval of the Joint Land Use Board. The use of hiking and biking trails for motorized vehicles is not permitted except for necessary access to the land.
(16)
Use of the designated public area of the land for public passive recreational use is permitted consistent with the New Jersey Department of Environmental Protection, Green Acres Program Rules (N.J.A.C. 7:36-1.1 et seq.).
B. DEED OF EXTINGUISHMENT(1) (2) (3) TDR CREDIT TDR DEED OF EASEMENT
Definitions. For the purposes of this § 203-51, the following definitions shall apply. All uses not defined herein shall have the meanings set forth in § 203-5.
A deed notice in a form that is acceptable to the Township Solicitor and is capable of being recorded in the County Clerk's office, which contains the following information:
Identifies the TDR credit proposed to be used by, serial number, date it was created, and property from which it was created;
Identifies the project for which the TDR credit is used, including by block and lot, date of project, and description of project; and
States that the TDR credit has been extinguished and is no longer valid, along with the date of extinguishment.
A transferable development right which was created upon enrollment in the Voluntary TDR Program pursuant to Ordinance No. 2008-20, as amended by Ordinance No. 2014-09 and Ordinance No. 2018-13, as evidenced by the serial number assigned thereto.
The deed of easement recorded by the landowner upon enrollment in the Voluntary TDR Program pursuant to Ordinance No. 2008-20, as amended by Ordinance No. 2014-09 and Ordinance No. 2018-13.
C.
To utilize a credit pursuant to Subsection A above:
(1)
The party seeking to utilize the credit shall submit to the Township Clerk the following:
(a)
Documentation identifying the TDR credit proposed to be used by serial number, date it was created, and property from which it was created;
(b)
Documentation demonstrating that the party seeking to utilize the TDR credit owns the TDR credit sought to be used;
(c)
Documentation demonstrating that the TDR credit has not previously been extinguished or utilized; and
(d)
A copy of the proposed deed of extinguishing, along with a second copy to the Township Solicitor for review.
(2)
Upon the Township Solicitor's receipt of the deed of extinguishment, the Township Solicitor, in conjunction with the Township Clerk, shall, within 14 days of receipt:
(a)
Determine if the deed of extinguishment is in proper legal form for recording in the County Clerk's office and complies with the requirements of Subsection C;
(b)
Determine that the party seeking to utilize the TDR credit owns title to the TDR credit proposed to be used; and
(c)
The TDR credit has not been previously been extinguished or utilized.
(3)
If the Township Solicitor determines that the party seeking to utilize the TDR credit has established the criteria set forth above, the Township Solicitor shall sign and date the deed of extinguishment. Upon signing, the deed of extinguishment shall be returned for recording and the party seeking to utilize the TDR credit shall record the deed of extinguishment. If the deed of extinguishment is not recorded within 90 days of the Township Solicitor's signature, the deed of extinguishment shall be null and void and the party shall no longer be entitled to utilize the TDR credit.
(4)
Once recorded, the party seeking to utilize the TDR credit shall return a copy of the recorded deed of extinguishment to the Township Clerk, who shall record the extinguishment in the Township records.