S3393

An Act concerning special occasion events on preserved farmland and supplementing Title 4 of the Revised Statutes.

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

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.

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.

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.

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.

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.

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).

7. This act shall take effect immediately and shall expire on the first day of the 44th month after the date of enactment.

STATEMENT

This bill would establish a pilot program to allow special occasion events to be conducted on preserved farmland under certain conditions. Under the bill, the State Agriculture Development Committee (committee) would establish a pilot program, allowing for special occasion events to be conducted on preserved farmland, provided that the conditions set forth in the bill are met.

The owner of preserved farmland who wishes to conduct special occasion events would be required to provide written notice to the committee and to the county agriculture development board (board) of the county in which the preserved farmland is located prior to conducting any special occasion event on the preserved farmland.

Under the bill, the special occasion event would be required to use 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. The bill also provides that the special occasion event could not unreasonably interfere with the agricultural or horticultural output of the preserved farmland, and that no more than 10 special occasion events would be held in a calendar year on any parcel of preserved farmland. The gross income generated from all special occasion events conducted for the calendar year together would account for less than 50 percent of the annual gross income of that preserved farmland. In addition, under the bill, no new structures could be 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, would be allowed to be extended, for the purpose of holding special occasion events. The bill requires special occasion events to comply 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; however, the bill provides 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.

In developing and administering the program required by the bill, the committee would be requires to 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.

The pilot program established by the bill would expire on the first day of the 44th month after the bill is enacted into law.

This bill is similar to the current pilot program allowing for special occasion events to be conducted on wineries on preserved farmland. This bill would help the State’s agricultural community to remain economically viable, by allowing owners of preserved farmland to earn additional income from hosting special occasion events, just as the current pilot program allowing for special occasion events to be conducted at wineries on preserved farmland has provided economic assistance to those wineries.