Bill Text: NJ A5384 | 2018-2019 | Regular Session | Introduced
Bill Title: Allows certain preserved farms to hold 14 special occasion events per year; imposes further event restrictions on residentially-exposed preserved farms.*
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-01-13 - Substituted by S3393 (1R) [A5384 Detail]
Download: New_Jersey-2018-A5384-Introduced.html
Sponsored by:
Assemblyman VINCENT MAZZEO
District 2 (Atlantic)
Assemblyman ERIC HOUGHTALING
District 11 (Monmouth)
Assemblyman JOHN ARMATO
District 2 (Atlantic)
SYNOPSIS
Allows commercial farms to hold 14 special occasion events per year.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning special occasion events held on preserved and unpreserved farmland, amending P.L.1983, c.31, supplementing Title 4 of the Revised Statutes, and repealing P.L.2014, c.16 and P.L.2018, c.30.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 6 of P.L.1983, c.31 (C.4:1C-9) is amended to read as follows:
6. Notwithstanding the provisions of any municipal or county ordinance, resolution, or regulation to the contrary, the owner or operator of a commercial farm, located in an area in which, as of December 31, 1997 or thereafter, agriculture is a permitted use under the municipal zoning ordinance and is consistent with the municipal master plan, or which commercial farm is in operation as of the effective date of P.L.1998, c.48 (C.4:1C-10.1 et al.), and the operation of which conforms to agricultural management practices recommended by the committee and adopted pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), or whose specific operation or practice has been determined by the appropriate county board, or in a county where no county board exists, the committee, to constitute a generally accepted agricultural operation or practice, and all relevant federal or State statutes or rules and regulations adopted pursuant thereto, and which does not pose a direct threat to public health and safety may:
a. Produce agricultural and horticultural crops, trees and forest products, livestock, and poultry and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and trapping or, after the operative date of the regulations adopted pursuant to section 5 of P.L.2003, c.157 (C.4:1C-9.1), included under the corresponding classification under the North American Industry Classification System;
b. Process and package the agricultural output of the commercial farm;
c. Provide for the operation of a farm market, including the construction of building and parking areas in conformance with municipal standards;
d. Replenish soil nutrients and improve soil tilth;
e. Control pests, predators and diseases of plants and animals;
f. Clear woodlands using open burning and other techniques, install and maintain vegetative and terrain alterations and other physical facilities for water and soil conservation and surface water control in wetland areas;
g. Conduct on-site disposal of organic agricultural wastes;
h. Conduct agriculture-related educational and farm-based recreational activities provided that the activities are related to marketing the agricultural or horticultural output of the commercial farm;
i. Engage in the generation of power or heat from biomass, solar, or wind energy, provided that the energy generation is consistent with the provisions of P.L.2009, c.213 (C.4:1C-32.4 et al.), as applicable, and the rules and regulations adopted therefor and pursuant to section 3 of P.L.2009, c.213 (C.4:1C-9.2); and
j. Engage in any other agricultural activity as determined by the State Agriculture Development Committee and adopted by rule or regulation pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
k. Hold special occasion events pursuant to sections 2 through 7 of P.L. , c. (C. ) (pending before the Legislature as this bill)
(cf: P.L.2009, c.213, s.2)
2. (New section) As used in sections 2 through 7 of P.L. , c. (C. ) (pending before the Legislature as this bill):
"Commercial farm" means the same as that term is defined pursuant to section 3 of P.L.1983, c.31 (C.4:1C-3).
"Committee" means the State Agriculture Development Committee established pursuant to section 4 of P.L.1983, c.31 (C.4:1C-4).
"County board" means a county agriculture development board established pursuant to section 7 of P.L.1983, c.32 (C.4:1C-14).
"Preserved farmland" means land on which a development easement was conveyed to, or retained by, the State Agriculture Development Committee, a county board, a county, 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.
"Special occasion event" means a wedding, lifetime milestone event, or other cultural or social event conducted pursuant to the requirements set forth in section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
3. (New section) a. Notwithstanding any law, or rule or regulation adopted pursuant thereto to the contrary, a commercial farm may hold special occasion events, provided that: (1) an individual commercial farm holds no more than 14 special occasion events each calendar year; and (2) a special occasion event held pursuant to this section shall comply with all applicable municipal ordinances, resolutions, or regulations relating to noise control, solid waste, parking, traffic, and the protection of public health and safety.
b. (1) A commercial farm located on preserved farmland shall ensure that the gross income generated by the commercial farm from all special occasion events conducted for the calendar year together account for less than 50 percent of the annual gross income of the commercial farm.
(2) In determining the annual gross income of a commercial farm pursuant to this section, the gross income received from any special occasion event shall include, but need not be limited to, admission fees; rental fees; setup, breakdown, and cleaning fees; and all other revenue that is not directly related to the agricultural or horticultural output of the commercial farm but is received by the commercial farm in conjunction with conducting a special occasion event. Sales of farm products produced at that commercial farm, even if sold during the course of a special occasion event, shall not be included in the gross income received from special occasion events.
4. (New section) a. An owner or operator of a commercial farm on preserved farmland engaged in conducting special occasion events shall annually certify to the county board, or the committee where there is no county board, that the special occasion events together account for less than 50 percent of the annual gross income of the commercial farm during the prior calendar year. The county board shall forward the certification of annual gross income to the committee. The financial certification required pursuant to this subsection shall only include a statement of: (1) the gross income of the commercial farm; and (2) the gross income from special occasion events as determined pursuant to subsection b. of section 3 of P.L , c. (C. ) (pending before the Legislature as this bill).
b. (1) A county board or the committee may order, and specify the scope of, an audit of the owner or operator of any commercial farm on preserved farmland engaged in conducting special occasion events for the purpose of determining compliance with section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill). The audit shall be conducted by an independent certified public accountant approved by the county board or the committee, and the costs thereof shall be paid by county board or committee that ordered the audit. A county board, or the committee, may establish a list of independent certified public accountants approved for the purposes of conducting an audit pursuant to this paragraph. Copies of the audit shall be submitted to the county board, the committee, and the owner or operator of the commercial farm.
(2) An owner or operator of a commercial farm on preserved farmland engaged in conducting special occasion events shall not be subject to an audit authorized pursuant to this section more than once per year without good cause demonstrated by the applicable county board or the committee.
c. In conjunction with an audit ordered pursuant to subsection b. of this section, a county board or the committee may request, and the owner or operator of the commercial farm shall provide, additional documentation as may be necessary for the county board or committee to verify compliance with section 3 of P.L , c. (C. ) (pending before the Legislature as this bill).
5. (New section) a. An owner or operator of a commercial farm who violates P.L. , c. (C. ) (pending before the Legislature as this bill) shall be liable to a civil penalty of up to $1,000 for the first offense, up to $2,000 for the second offense, or up to $3,000 for a subsequent offense, to be collected in a civil action commenced by the committee.
b. In addition to the penalties established pursuant to subsection a. of this section:
(1) for a second offense, the committee shall, after a hearing, suspend the owner or operator of a commercial farm from conducting special occasion events for a period of up to six months;
(2) for a third offense, the committee shall, after a hearing, suspend the owner or operator of a commercial farm from conducting special occasion events for a period of at least six months but not more than one year; and
(3) for a fourth or subsequent offense, the committee shall, after a hearing, suspend the owner or operator of a commercial farm from conducting special occasion events for a period of at least one year but not more than two years.
c. Any penalty imposed pursuant to this section may be collected, with costs, in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" in connection with P.L. , c. (C. ) (pending before the Legislature as this bill).
6. (New section) The committee,
in consultation with each county board, shall biennially prepare and submit to
the Governor and to the Legislature, pursuant to section 2 of P.L.1991, c.164
(C.52:14-19.1), a report summarizing the activities of commercial farms holding
special occasion events pursuant to P.L. , c. (C. ) (pending
before the Legislature as this bill), and making recommendations for any
necessary statutory or regulatory changes, if necessary, to the Governor and Legislature,
concerning P.L. , c. (C. ) (pending before the Legislature as this
bill) or any rules or regulations adopted pursuant thereto.
7. (New section) a. No later than 90 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) and notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the committee shall immediately upon filing proper notice with the Office of Administrative Law, adopt interim rules and regulations to implement P.L. , c. (C. ) (pending before the Legislature as this bill), including any relevant agricultural management practices. Such regulations shall be effective as regulations immediately upon filing with the Office of Administrative Law and shall be in effect for a period not to exceed 18 months, and shall, thereafter, be amended, adopted, or readopted by the committee in accordance with the provisions of the "Administrative Procedure Act."
b. Notwithstanding the provisions of any law, or rules or regulations adopted pursuant thereto to the contrary, any rules and regulations adopted by the committee pursuant to the "Administrative Procedure Act" that are in effect as of the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), that are not inconsistent with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), shall continue in effect until amended or supplemented and readopted as necessary to reflect the provisions and requirements of P.L. , c. (C. ) (pending before the Legislature as this bill).
c. The committee may adopt, as may be necessary and appropriate, agricultural management practices for the implementation of P.L. , c. (C. ) (pending before the Legislature as this bill).
8. Sections 1 through 6 of P.L.2014, c.16 (C.4:1C-32.7 through C.4:1C-32.11) and sections 1 through 4 of P.L.2018, c.30 (C.4:1C-32.12 through C.4:1C-32.14) are repealed.
9. This act shall take effect immediately.
STATEMENT
This bill would allow commercial farms to hold no more than 14 special occasion events on their properties per year, regardless of that farm's preservation status, and provide "Right to Farm" protections to special occasion events conducted pursuant to the bill's provisions.
The bill defines "special occasion events" as a wedding, lifetime milestone event, or other cultural or social event. The bill would allow commercial farms to hold no more than 14 special occasion events each year, and would require that special occasion events be compliant with all applicable municipal ordinances, resolutions, or regulations pertaining to noise control, solid waste, parking, traffic, and the protection of public health and safety. Commercial farms on preserved farmland would be required to ensure that the annual income from all special occasion events account for less than 50 percent of the income of the commercial farm.
The bill would provide for annual reporting requirements for commercial farms on preserved farmland engaged in conducting special occasion events to ensure compliance with the income requirement, and would allow the State Agriculture Development Committee (SADC) or the applicable county agriculture development board (county board) to conduct an income audit, at the expense of the county board or the SADC, no more than once annually to confirm compliance. Violators may be subject to a civil penalty of up to $1,000 for the first offense, up to $2,000 for the second offense, or up to $3,000 for a subsequent offense. Additionally, a second offense would result in a suspension from conducting special occasion events for a period of up to six months; a third offense would result in a suspension from conducting special occasion events for a period of at least six months but not more than one year, and a fourth or subsequent offense, would result in the suspension from conducting special occasion events for a period of at least one year but not more than two years.
The bill would also amend the "Right to Farm Act" to give special occasion events conducted pursuant to the bill right to farm protections, and would permit the SADC to adopt agricultural management practices consistent with the bill.
The bill would also require the SADC to prepare a biennial report to the Legislature and Governor summarizing the status of special occasion events held on commercial farmland in the State and offering any recommendations for statutory or regulatory changes.
The bill would also repeal the sections of law providing for the special occasion events pilot program at wineries on preserved farmland. Lastly, the bill provides rulemaking authority to the SADC, including interim rulemaking authority to allow special events to occur before the SADC adopts permanent regulations, and provides that the SADC's regulations implementing the special occasion events pilot program would remain in effect until the SADC adopts the regulations required by this bill.
