Sponsored by:
Senator JAMES BEACH
District 6 (Burlington and Camden)
SYNOPSIS
Authorizes certain types of permanent structures, newly constructed or erected on preserved farmland, to be used, in certain cases, for purposes of holding special occasion events thereon.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the use of certain new and permanent structures for special occasion events held on preserved farmland, and amending P.L.2023, c.9.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.2023, c.9 (C.4:1C-32.17) is amended to read as follows:
3. a. Notwithstanding any law, or any rule or regulation adopted pursuant thereto, to the contrary, a person may hold a special occasion event on preserved farmland, provided that the grantee determines the preserved farm complies with the terms of the Farmland Preservation Program deed of easement recorded against the preserved farmland, the person complies with the requirements set forth in P.L.2023, c.9 (C.4:1C-32.15 et seq.), and the special occasion event is held in compliance with the requirements of this section and the rules and regulations adopted by the committee pursuant to section 6 of P.L.2023, c.9 (C.4:1C-32.20).
b. The owner or operator of a commercial farm located on preserved farmland that produces agricultural or horticultural products worth $10,000 or more annually may hold special occasion events on the farm. The special occasion event shall comply with the following requirements:
(1) A special occasion event shall have a maximum duration of two consecutive calendar days if the event is marketed as a single event. 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 two days.
(2) A special occasion event shall not interfere with the use of the preserved farmland for agricultural or horticultural production. The special occasion event shall have minimal effects on the occupied area and shall be designed to protect the agricultural resources of the land and ensure that the land can be readily returned to productive agricultural or horticultural use after the event.
(3) A special occasion event that involves the service of alcoholic beverages shall comply with all applicable State and local laws, regulations, resolutions, and ordinances.
(4) (a) All applicable State and local laws, regulations, resolutions, and ordinances including, but not limited to, those concerning food safety, litter, noise, solid waste, traffic, and the protection of public health and safety shall apply to the special occasion event and all activities related thereto. To comply with local laws, regulations, resolutions, and ordinances, the municipality may require that an owner or operator of a commercial farm located on preserved farmland submit an application to the municipality for approval and may designate an office or agency of the municipality to review municipal applications for conducting special occasion events. A municipality may require a municipal application if the special occasion event would:
(i) generate a parking or traffic flow situation that could unreasonably interfere with the movement of normal traffic or emergency vehicles or other organized group sharing similar common purposes or goals proceeding in or upon any street, park, or other public place within the municipality; or
(ii) require the expenditure of municipal resources or inspections from agencies or authorities of the municipality.
(b) For a municipal application submitted in accordance with subparagraph (a) of this paragraph, the municipality shall not charge an application fee of more than $50. The municipal application shall not require more information than an identification of locations of where tents and other temporary structures, sanitary facilities, parking, and access and egress will be located for each event, where music will be played, the number of expected guests, and other information that may be of public concern and would be required of a similar event when conducted at a public park or another public venue.
(5) (a) No new permanent structures shall be constructed or erected on preserved farmland for the purpose of holding a special occasion event, and improvements to existing structures shall be limited to the minimum required for the protection of health and safety, except that, notwithstanding the provisions of this subparagraph to the contrary, and commencing on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), a new and permanent structure currently existing, or proposed to be newly constructed or erected on, preserved farmland, may be used for the purposes of holding special occasion events thereon, provided that:
(i) the new and permanent structure either: was constructed or erected on or after the effective date of P.L.2023, c.9 (C.4:1C-32.15 et seq.) and within the 24-month period immediately preceding submission of the application pursuant to subsection c. of this section; or will be constructed or erected in the same calendar year in which, but prior to the date on which, the special occasion events necessitating the use thereof are approved to be held pursuant to paragraph (2) of subsection c. of this section;
(ii) the construction or erection of the new and permanent structure is necessary both: to effectuate the applicants functional ability to hold special occasion events on the preserved farm, in accordance with the provisions of P.L.2023, c.9 (C.4:1C-32.15 et seq.); and to prepare or rehabilitate the grounds, on the farm, which are to be used for special occasion event purposes;
(iii) the new and permanent structure is not solely functional or formally designated as an entertainment or events venue and has a primary farm-related function other than serving as a space for the holding of special occasion events; and
(iv) the new and permanent structure satisfies all siting and construction requirements applicable to the construction of facilities and buildings on preserved farmland.
(b) No permanent structure, which has been constructed fewer than five years prior to the date [of] on which an application [to the grantee to hold a special occasion event] is submitted pursuant to subsection c. of this section, shall be used for the purpose of holding the special occasion [event] events identified in the application; however, nothing in this subparagraph shall be deemed to prohibit the initial or ongoing use, for the holding of special occasion events, of any such permanent structure that meets the standards established pursuant to subparagraph (a) of this paragraph, for such purposes.
(c) The installation and use of tents, canopies, umbrellas, tables, chairs, and other temporary structures on preserved farmland for the purpose of holding special occasion events shall be a permitted use provided that the tent, canopy, umbrella, table, chairs, or other temporary structure conforms to all applicable provisions of the State Uniform Construction Code and Uniform Fire Code, which have been adopted by the Commissioner of Community Affairs pursuant to P.L.1975, c.217 (C.52:27D-119[,] et seq.) and P.L.1983, c.383 (C.52:27D-192 et seq.), respectively. The permitted use of tents, canopies, umbrellas, tables, chairs, and other temporary structures allowed by this subparagraph shall be limited to the timeframe encompassing the first day of April through