Bill Text: NJ S3393 | 2018-2019 | Regular Session | Amended
Bill Title: Allows certain preserved farms to hold 14 special occasion events per year; imposes further event restrictions on residentially-exposed preserved farms.*
Spectrum: Slight Partisan Bill (Democrat 10-6)
Status: (Vetoed) 2020-01-21 - Pocket Veto - Bills not Acted on by Governor-end of Session [S3393 Detail]
Download: New_Jersey-2018-S3393-Amended.html
Sponsored by:
Senator PAUL A. SARLO
District 36 (Bergen and Passaic)
Senator DAWN MARIE ADDIEGO
District 8 (Atlantic, Burlington and Camden)
Co-Sponsored by:
Senators Oroho, Ruiz and Singer
SYNOPSIS
Allows certain preserved farms to hold 14 special occasion events per year; imposes further event restrictions on residentially-exposed preserved farms.
CURRENT VERSION OF TEXT
As reported by the Assembly Appropriations Committee on January 9, 2020, with amendments.
An Act concerning special occasion events 1held1 on preserved farmland and supplementing 1[Title 4 of the Revised Statutes] P.L.1983, c.31 (C.4:1C-1et al.)1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1[1. As used in this act:
"Board" means a county agriculture development board established pursuant to section 7 of P.L.1983, c.32 (C.4:1C-14).
"Committee" means the State Agriculture Development Committee established pursuant to section 4 of P.L.1983, c.31 (C.4:1C-4).
"Preserved farmland" means land on which a development easement was conveyed to, or retained by, the committee, a 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 event as defined by the appropriate board, and conducted pursuant to the requirements set forth in this act.]1
1[2. a. The State Agriculture Development Committee shall establish a pilot program permitting special occasion events to be conducted on preserved farmland, provided that:
(1) the special occasion event uses the agricultural or horticultural output of the farm, to the maximum extent practicable, to promote agricultural tourism and advance the agricultural or horticultural output of the preserved farmland;
(2) the special occasion event does not unreasonably interfere with the use of the preserved farmland for agricultural or horticultural production;
(3) no more than 10 special occasion events are held in a calendar year on any parcel of preserved farmland;
(4) the gross income generated from all special occasion events conducted for the calendar year together account for less than 50 percent of the annual gross income derived from the agricultural or horticultural output of the preserved farmland;
(5) no new structures are constructed on preserved farmland for the purpose of holding special occasion events, and no public utilities, including water, gas, or sewage, other than those already existing and available on preserved farmland, are allowed to be extended, for the purpose of holding special occasion events;
(6) the special occasion event is conducted on a Friday, Saturday, Sunday, or federal or State holiday, except that a special occasion event may be conducted on any other day of the week with the approval of the committee. The committee may delegate this authority to a board;
(7) the special occasion event is conducted in: (a) a temporary structure, such as an enclosed or open canopy or tent or other portable structure or facility, and any temporary structure is put in place for only the minimum amount of time reasonably necessary to accommodate the special occasion event; (b) an existing permanent agricultural building; or (c) a farm or open air pavilion;
(8) the special occasion event complies with all applicable State and local laws, regulations, resolutions, or ordinances including but not limited to food safety, litter, noise, solid waste, traffic, and the protection of public health and safety, provided, however, that a special occasion event may be held as a matter of right without need for a variance or site plan approval on any lot and block all or a part of which is preserved farmland; and
(9) the owner of the preserved farmland does not knowingly cause a significant and direct negative impact to any property adjacent to the farm as a result of a special occasion event.
b. In developing and administering the program required by this section, the committee shall ensure that the holding of a special occasion event on preserved farmland does not interfere with any agricultural deed restrictions for farmland preservation purposes on the preserved farmland.]1
1[3. a. The owner of preserved farmland who wishes to conduct a special occasion event shall provide written notice to the committee and to the board of the county in which the preserved farmland is located at least 30 days in advance of the date of the special occasion event. The notice shall identify the location of the preserved farmland, the type of special occasion event proposed to be held, and any other information the committee may require pursuant to rules and regulations adopted by the committee to implement this act.
b. The owner of preserved farmland who holds a special occasion event on the preserved farmland shall annually certify in writing to the committee, and the board of the county in which the preserved farmland is located, that the special occasion events together account for less than 50 percent of the annual gross income of the farm during the prior calendar year. This certification shall identify by date and type each special occasion event held on the preserved farmland in the prior calendar year.
In determining the annual gross income of a farm pursuant to this subsection, the gross income received from any special occasion event shall include, but need not be limited to: admission fees; rental fees; catering fees; setup, breakdown, and cleaning fees; and all other revenue that is not directly related to the agricultural or horticultural output of the farm but is received by the owner of the preserved farmland in conjunction with conducting a special occasion event.
c. (1) The committee or a board may order, and specify the scope of, an audit of any owner of preserved farmland engaged in conducting special occasion events for the purpose of determining compliance with this act. The audit shall be conducted by an independent certified public accountant approved by the committee or board, and the reasonable costs thereof shall be paid by the owner of the preserved farmland. The committee may establish a list of independent certified public accountants approved for the purposes of conducting an audit pursuant to this paragraph. A copy of an audit conducted pursuant to this section shall be submitted to the committee, the board, and the owner of the preserved farmland.
(2) An owner of preserved farmland shall not be subject to an audit authorized pursuant to this section more than once per year without good cause demonstrated by the committee or applicable board.
d. In conjunction with an audit ordered pursuant to this section, the committee or a board may request, and the owner of the preserved farmland shall then submit, additional documentation as may be necessary for the committee or board, as applicable, to verify compliance with this act.]1
1[4. a. An owner of preserved farmland who violates this act, or any rule or regulation adopted pursuant thereto, shall be liable for 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. 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 this act.
c. 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 of preserved farmland 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 of preserved farmland 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 of preserved farmland from conducting special occasion events for a period of at least one year but not more than two years.
d. The committee shall notify, in writing, the appropriate board whenever it suspends, pursuant to subsection c. of this section, an owner of preserved farmland from conducting special occasion events. The notice shall identify the owner and location of the preserved farmland and the time period of the suspension.]1
1[5. a. Each board shall prepare and submit to the Governor, to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), and to the committee an annual report that summarizes the special occasion events held on preserved farmland in the county of the board's jurisdiction and makes recommendations regarding the pilot program established pursuant to this act.
b. The committee shall 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 at least 90 days prior to the expiration of the pilot program established pursuant to this act. This report shall review the implementation and operation of the pilot program established pursuant to this act, summarize the findings and recommendations of the annual reports received by the committee pursuant to subsection a. of this section, and make recommendations to the Governor and Legislature as to whether to amend, extend, or make permanent the pilot program established pursuant to this act.]1
1[6. a. The committee shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary for the implementation of this act.
b. The committee may adopt, as may be necessary and appropriate, agricultural management practices for the implementation of this act in accordance with the provisions of section 5 of P.L.1983, c.31 (C.4:1C-6).]1
1[7. This act shall take effect immediately and shall expire on the first day of the 44th month after the date of enactment.]1
11. As used in this act:
"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).
"Non-residentially-exposed preserved farmland" means preserved farmland that is not residentially-exposed preserved farmland.
"Preserved farmland" means the same as the term is defined pursuant to section 1 of P.L.2014, c.16 (C.4:1C-32.7), except that the term shall not include any land that is part of a "winery," as defined pursuant to section 1 of P.L.2014, c.16 (C.4:1C-32.7), or a cidery, meadery, brewery, or distillery.
"Residential road" means a road, or road segment of no less than one eighth of a mile in length, on which the speed limit is not greater than 25 miles per hour, and the majority of the parcels adjacent to the road or road segment are residential properties.
"Residentially-exposed preserved farmland" means preserved farmland, on which:
a. one of the primary spaces used for special occasion events is located within 200 feet of a residential road; or
b. a primary entrance used by persons attending special occasion events on the property is on a residential road.
"Special occasion event" means a wedding, lifetime milestone event, or other cultural or social event on preserved farmland conducted pursuant to the requirements set forth in section 2 of this act, but shall not include any practice identified by the committee as an agricultural management practice, including but not limited to practices for on-farm direct marketing facilities, activities, and events.1
12. a. (1) An event may be considered a special occasion event if the event involves activities and facilities including but not limited to live music, food trucks, side vendors, or other activities and facilities that may be further enumerated pursuant to rules and regulations adopted by the committee. A special occasion event may include the service of alcohol, so long as this service complies with the applicable State law and municipal ordinances.
(2) An event shall be considered a single special occasion event, even if the event lasts for more than one day if the event:
(a) is marketed as a single event;
(b) occurs only on consecutive days; and
(c) does not last for more than three days.
b. An event shall not be considered a special occasion event if:
(1) attendance at the event does not result in a greater volume of parking or pedestrian traffic than is ordinarily present at the same farm on a weekend in which a special occasion event does not occur during the farm's busiest season of the year; or
(2) the event consists of a wedding being held for:
(a) a parent, child, grandparent, grandchild, sibling, niece, nephew, or cousin of the owner, or spouse of the owner, of the preserved farmland; or
(b) an employee at the preserved farmland.
c. (1) Notwithstanding any law, or rule or regulation adopted pursuant thereto to the contrary, the owner of the preserved farmland may hold special occasion events on the farm, provided that the owner of the preserved farmland shall not engage in any of the following:
(a) build new structures on preserved farmland for the sole purpose of holding special occasion events;
(b) extend public utilities on preserved farmland, including electric, water, gas, or sewage, other than those already existing and available on the preserved farmland prior to the effective date of this act, for the sole purpose of holding special occasion events; or
(c) unless a greater number of special occasion events are permitted by municipal ordinance:
(i) hold more than 14 special occasion events each calendar year if the farm is a non-residentially-exposed preserved farm; or
(ii) hold more than seven special occasion events each calendar year if the farm is a residentially-exposed preserved farm.
(2) The provisions of this subsection shall not be construed to restrict the ability of an owner of preserved farmland to upgrade infrastructure for the purpose of agricultural or horticultural viability.
d. Except as otherwise provided pursuant to this section, 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, provided, however, that a special occasion event conducted in accordance with the provisions of this act shall not require a variance or site plan approval.
e. An owner of preserved farmland may allocate no more than 20 percent of the acreage of the preserved farmland for parking when hosting a special occasion event. The percentage of the preserved farmland that the owner may use for parking for a special occasion event shall not be further reduced by any regulation, ordinance, or other law to the contrary. An owner of preserved farmland shall not pave any preserved farmland that would not otherwise be paved to accommodate parking for a special occasion event, and the owner may use preserved farmland for parking only if this use would result in only minimal or temporary damage to the agricultural or horticultural use of the preserved farmland.1
13. a. A person aggrieved by a violation of this act, or any rule or regulation adopted pursuant thereto, by an owner of preserved farmland shall comply with the provisions of section 5 of P.L.1998, c.48 (C.4:1C-10.1) in the filing of a complaint.
b. An owner of preserved farmland who violates this act, or any rule or regulation adopted pursuant thereto, shall be liable to a civil penalty of up to $250 for the first offense, up to $500 for the second offense, or up to $1,000 for a subsequent offense, to be collected in a civil action commenced by the committee.
c. In addition to the penalties established pursuant to subsection b. of this section:
(1) for a second offense, the committee shall, after a hearing, suspend the owner of the preserved farmland 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 of the preserved farmland 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 of the preserved farmland from conducting special occasion events for a period of at least one year but not more than two years.
d. 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 this act.
e. The committee shall notify, in writing, the appropriate county board whenever it suspends, pursuant to subsection c. of this section, an owner of preserved farmland from conducting special occasion events. The notice shall identify the owner and location of the preserved farmland and the time period of the suspension.1
14. a. No later than 90 days after the effective date of this act 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 this act. Such regulations shall be effective as regulations immediately upon approval by the State Board of Agriculture and 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." Rules and regulations promulgated by the committee to effectuate the provisions of this act shall not take effect prior to approval by the State Board of Agriculture.
b. The rules and regulations adopted by the committee shall ensure that the holding of a special occasion event on preserved farmland does not:
(1) interfere with any agricultural deed restrictions for farmland preservation purposes on the preserved farmland; or
(2) result in the use of preserved farmland for primarily non-agricultural or horticultural purposes.1
15. This act shall take effect immediately.1
