(a) This
section, which is an agricultural management practice, sets forth the standards
for on-farm direct marketing facilities, activities, and events that commercial
farms must comply with to receive the protections of the Right to Farm Act
(Act), N.J.S.A. 4:1C-1 et seq. This
section is designed to support and protect on-farm direct marketing operations
by identifying safe, effective, and economically viable agricultural management
practices for commercial farms seeking the protections of the Act.
(b) As used in this section, the following
words and terms shall have the following meanings:
"Agricultural output of a commercial farm" means the items
specified in
N.J.S.A.
4:1C-9.a that a commercial
farm produces and the value-added or processed products produced from those
items, provided that the primary and predominant ingredients used to produce
such products are grown or raised by the commercial farm. Examples of
unprocessed agricultural output include, but are not limited to: fruits,
vegetables, nursery stock, bedding plants, cut flowers, Christmas trees, and
forest and livestock products. Examples of value-added or processed
agricultural output include, but are not limited to: meat products, dairy
products, cider, canned goods, baked goods, prepared foods, cut firewood, and
wreaths.
"Agriculture-related educational activities" means on-farm
educational offerings that have an agricultural focus and are related to
marketing the agricultural or horticultural output of the commercial farm. Such
activities are accessory to, and serve to increase, the direct-market sales of
the agricultural output of a commercial farm by enhancing the experience of
purchasing agricultural products for the purpose of attracting customers to the
commercial farm. Examples of agriculture-related educational activities may
include, but are not limited to: school trips, hands-on farming activities,
educational displays, farm tours, farm task experiences, wine tastings,
agriculture-related lectures for clubs, farm open house days, and
agriculture-related classes on topics, such as, but not limited to: canning,
freezing, cooking with fresh produce, pie making, pruning, beekeeping, animal
care, and gardening.
"Ancillary entertainment-based activities" means
non-agricultural offerings, commonly used as incidental components of on-farm
direct marketing activities, that are accessory to, and serve to increase, the
direct-market sales of the agricultural output of a commercial farm. Such
activities are designed to attract customers to a commercial farm by enhancing
the experience of purchasing agricultural products. Examples of ancillary
entertainment-based activities include, but are not limited to: background live
or recorded music, face painting, story-telling, sandbox area, small swing set
or playground equipment, pedal carts for children, and picnic tables. Such
activities may have a fee associated with them, but such fees shall be de
minimis compared to the income generated from the sale of the agricultural
output of the commercial farm.
"Board" means a county agriculture development board
established pursuant to
N.J.S.A.
4:1C-14 or a subregional agricultural
retention board established pursuant to
N.J.S.A.
4:1C-17.
"Buffer" means a setback distance and/or screening utilized
by a commercial farm in conjunction with its on-farm direct marketing
facilities, activities, or events.
"Commercial farm" means:
1. A farm management unit of no less than
five acres producing agricultural or horticultural products worth $ 2,500 or
more annually, and satisfying the eligibility criteria for differential
property taxation pursuant to the Farmland Assessment Act of 1964, P.L. 1964,
c. 48 (N.J.S.A. 54:4-23.1 et seq.);
or
2. A farm management unit less
than five acres, producing agricultural or horticultural products worth $
50,000 or more annually and otherwise satisfying the eligibility criteria for
differential property taxation pursuant to the Farmland Assessment Act of 1964,
P.L. 1964, c. 48 (
N.J.S.A. 54:4-23.1 et seq.).
"Committee" means the State Agriculture Development Committee
established pursuant to
N.J.S.A.
4:1C-4.
"Community supported agriculture (CSA) operation" means an
on-farm direct marketing method in which the retail sale of the agricultural
output of a commercial farm is provided through a paid subscription.
"Complementary products" means items commonly used to
facilitate the use or consumption of the agricultural output of the commercial
farm and promotional items that help market the commercial farm. Examples of
promotional items include, but are not limited to, souvenir items such as
commercial farm-branded shirts, hats, and bags.
"CSA market and distribution area" means an on-farm direct
marketing facility used by a CSA operation to organize and dispense CSA
operation members' farm product shares and to market products that contribute
to farm income.
"Farm-based recreational activities" means recreational
offerings that are uniquely suited to occurring on a farm and also may include
common outdoor recreation activities that are compatible with the agricultural
use of the farm, where such offerings and activities are related to marketing
the agricultural or horticultural output of the commercial farm. Such
activities are accessory to, and serve to increase, the direct-market sales of
the agricultural output of the commercial farm by enhancing the experience of
purchasing agriculture products for the purpose of attracting customers to the
commercial farm. Examples of farm-based recreational activities uniquely suited
to occurring on a farm may include, but are not limited to: corn, sunflower,
and other crop mazes; hayrides and wagon rides; agricultural animal display or
petting areas; farm tours; horseback riding; pony rides; and tractor pulls.
Examples of farm-based recreational activities considered common outdoor
recreation activities that are compatible with the agricultural use of the farm
include, but are not limited to: hiking; bird watching; sleigh rides; hunting
and fishing; and bonfires. Activities and related infrastructure not considered
farm-based recreational activities include, but are not limited to: athletic
fields; paintball; go-karting and other similar racetracks; carnival-type
amusement rides; and the flying of hobby, private, or commercial
aircraft.
"Farm management unit" means a parcel or parcels of land,
whether contiguous or noncontiguous, together with agricultural or
horticultural buildings, structures and facilities, producing agricultural or
horticultural products, and operated as a single enterprise.
"Farm market" means a facility used for the wholesale or
retail marketing of the agricultural output of a commercial farm and products
that contribute to farm income, except that if a farm market is used for retail
marketing at least 51 percent of the annual gross sales of the retail farm
market shall be generated from sales of agricultural output of the commercial
farm, or at least 51 percent of the sales area shall be devoted to the sale of
agricultural output of the commercial farm, and except that if a retail farm
market is located on land less than five acres in area, the land on which the
farm market is located shall produce annually agricultural or horticultural
products worth at least $ 2,500.
"Hours of operation" means the time during which an on-farm
direct marketing facility, activity, or event is open or offered to the
public.
"On-farm direct marketing" means the on-farm facilities,
activities, and events that are used to facilitate and provide for direct,
farmer-to-consumer sales of the agricultural output of the commercial farm and
products that contribute to farm income.
"On-farm direct marketing activity" or "activity" means an
agriculture-related happening made available by a commercial farm that is
accessory to, and serves to increase, the direct-market sales of the
agricultural output of the commercial farm. Such activities are designed to
attract customers to a commercial farm by enhancing the experience of
purchasing agricultural products and include, but are not limited to:
agriculture-related educational activities; farm-based recreational activities;
and ancillary entertainment-based activities.
"On-farm direct marketing event" or "event" means an
agriculture-related function offered by a commercial farm that is accessory to,
and serves to increase, the direct-market sales of the agricultural output of
the commercial farm. Such events are designed to attract customers to a
commercial farm by enhancing the experience of purchasing agricultural
products; may include on-farm direct marketing activities as components; are
either product-based or farm-based; and occur seasonally or periodically.
Product-based events, provided they demonstrate the required relationship to
marketing the output of the commercial farm, may include, but are not limited
to: an apple, peach, strawberry, pumpkin, wine, or other agricultural or
horticultural product festival held at a commercial farm that produces that
particular product. Farm-based events provided they demonstrate the required
relationship to marketing the output of the commercial farm, may include, but
are not limited to: seasonal harvest festivals held at a commercial farm that
produces such seasonal farm products, farm open house events, CSA membership
meetings, and farm-to-table events that showcase the agricultural output of the
commercial farm.
"On-farm direct marketing facility" or "facility" means a
type of farm market including the permanent, temporary, and/or moveable
structures, improvements, equipment, vehicles, and apparatuses necessary to
facilitate and provide for direct, farmer-to-consumer sales of the agricultural
output of the commercial farm and products that contribute to farm income. Such
facilities include various types and sizes of direct marketing operations,
including, but not limited to: farm stands; farm stores; CSA market and
distribution areas; and pick-your-own (PYO) market areas. A facility may
include one or more structures or a portion of a structure, and a facility may
utilize new or existing structures. A facility's structures may also be used
for the commercial farm's other farm purposes, for instance: equipment storage,
equipment maintenance, and the production, processing, packaging, storage, or
wholesale marketing of the agricultural output of the commercial farm.
"Pick-your-own (PYO) operation" means an on-farm direct
marketing method wherein retail or wholesale customers are invited onto a
commercial farm in order to harvest and pay for agricultural or horticultural
products . Examples of PYO operation crops include, but are not limited to,
fruits, vegetables, flowers, and Christmas trees.
"Products that contribute to farm income" means complementary
or supplementary products that are sold to help attract customers to the farm
market though a broadening of the range of products available and an
enhancement of the experience of purchasing the agricultural output of the
commercial farm.
"PYO market area" means an on-farm direct marketing facility
used by a PYO operation to set up PYO activities and collect money for PYO
crops harvested by customers. PYO market areas may be stand-alone facilities or
part of other on-farm direct-marketing facilities. In some cases, such as when
a commercial farm has a CSA operation or component, PYO operations may not
necessarily involve the collection of money following harvesting, as PYO crops
may be one of the benefits of a CSA membership.
"Sales area" means the indoor, outdoor, covered, and
uncovered areas of an on-farm direct marketing facility whose primary and
predominant use is the display, marketing, and selling of the agricultural
output of a commercial farm and products that contribute to farm income. Sales
areas do not include: PYO and other production fields; pastures and other areas
occupied by livestock on a regular basis; non-public areas, such as areas used
for the storage of equipment and other items; and areas dedicated to farm-based
Recreational activities. Covered sales areas include sales areas inside
structures and sales areas underneath tents, awnings, and other
canopies.
"Sanitary facilities" means restrooms or portable
toilets.
"Supplementary products" means the agricultural output of
other farms, and additional customary food and drink items.
(c) The hours of operation allowed
for on-farm direct marketing facilities, activities, and events on commercial
farms shall be as follows:
1. On-farm direct
marketing facilities and activities may be open or offered on weekdays,
weekends, holidays, seasonally, for part of the year, or year-round.
2. On-farm direct marketing events may be
offered on weekdays, weekends, holidays, seasonally, or for part of the
year.
3. Hours of operation may be
between 6:00 A.M. and 10:00 P.M. These hours may be temporarily extended to
11:00 P.M. in conjunction with seasonal on-farm direct marketing sales,
activities, or events.
(d) The standards for lighting of on-farm
direct marketing facilities, activities, and events on commercial farms shall
be as follows:
1. When an on-farm direct
marketing facility, activity, or event is open or offered after dark, a
commercial farm shall provide, unless specified otherwise in this section,
lighting for areas used by customers, such as: walkways, parking areas, sales
areas, activity areas, and event areas. This lighting shall provide, at a
minimum, the amount of light necessary for customer safety.
2. All lighting shall be provided with lights
focused either downward or with an orientation designed to minimize light
spilling off the site and to minimize impacts on adjacent off-farm residential
buildings and streets. Lights shall not be focused directly onto public
roads.
3. Any temporary lighting
shall be removed within 30 days after the activity or event has
ended.
4. Lighting for on-farm
direct marketing purposes shall be turned off within half an hour of the close
of business.
5. In addition to
lighting referenced in (d)1 through 4 above for on-farm direct marketing
purposes, a commercial farm may use lighting for other farm management
purposes, for example, for security. Security lighting may be used to help
protect a farm's products or other physical or natural resources and to
discourage trespassing and vandalism and is subject to the provisions in (d)2
above.
(e) The
requirements for sanitary facilities at on-farm direct marketing facilities,
activities, and events on commercial farms shall be as follows:
1. A commercial farm shall provide sanitary
facilities in the following cases:
i. If
indoor seating space, outdoor picnic tables, or other areas are made available
to enable customers to consume food on-site;
ii. If an on-farm direct marketing activity
or event promotes customers staying on-site for more than 90 minutes;
and
iii. When required pursuant to
N.J.A.C. 8:24, the Sanitation in Retail Food Establishments and Food and
Beverage Vending Machines, or N.J.A.C. 5:23, the New Jersey Uniform
Construction Code.
2.
The number of sanitary facilities provided shall be sufficient to accommodate,
without causing long queues, the volume of visitors expected in conjunction
with on-farm direct marketing facilities, activities, or events.
3. A commercial farm shall provide
hand-sanitizing facilities for visitors to utilize after the use of the
sanitary facilities. Hand-sanitizing facilities include running water with
soap, antibacterial hand wipes, waterless hand sanitizers, and/or other
hand-washing stations.
4. Sanitary
facilities shall be located and managed with an appropriate cleaning schedule,
so as to prevent adverse impacts on adjacent properties, such as
odors.
(f) The
requirements for safety for on-farm direct marketing facilities, activities,
and events on commercial farms shall be as follows:
1. A commercial farm shall provide visitors
with any rules or safety procedures associated with the on-farm direct
marketing facilities, activities, and events that are provided, offered, or
held. This information may be conveyed by farm staff, through posted signs or
written handouts, or through other appropriate means, and may include notice
that visitors share in the responsibility for their own safety, such as being
aware of inherent risks, using common sense, and wearing farm-appropriate
attire.
2. Hazardous materials
shall be safely stored in a secure location and in compliance with relevant
State and Federal laws, rules, and regulations.
(g) The standards for the use of signs for
on-farm direct marketing facilities, activities, and events on commercial farms
shall be as follows:
1. A commercial farm may
use permanent and temporary signs to promote its on-farm direct marketing
facilities, activities, and events.
i.
Examples of signs include, but are not limited to, directional signs; advance
signs; signs promoting the products available for sale; and facility, activity,
and event signs.
2. The
following general standards shall apply to all signs used for on-farm direct
marketing facilities:
i. Signs shall be
installed and maintained in a manner that does not pose a direct threat to
public health and safety. Signs shall not interfere with sight distances at
street intersections, ingress and egress points to or from parking areas, and
other locations;
ii. Signs may be
attached to farm buildings, fences, or other structures or be
freestanding;
iii. Signs may have
information on both sides.
iv. The
use and location of signs shall comply with relevant Federal and State laws,
rules, and regulations;
v. Along
the approach to the farm on the road on which the on-farm direct marketing
facility, activity, or event is located, a commercial farm may install advance
signs up to one-half mile away from the farm's entrance. Advance signs are
designed to alert drivers of an approaching on-farm direct marketing facility,
activity, or event and are generally located in close proximity to one another
along the road approaching, and leaving, the site upon which the facility,
activity, or event is located;
vi.
Directional and other signs may be installed at key intersections or other
important locations;
vii. A
commercial farm shall obtain the permission of the appropriate landowner or
easement holder when locating signs at off-farm locations;
viii. Temporary signs promoting a seasonal
on-farm direct marketing facility, activity, or event may be installed up to
one month prior to the facility, activity, or event's seasonal opening and
shall be removed within 15 days of seasonal closing; and
ix. Internally-lit and neon-type signs are
not eligible for Right to Farm protection.
3. A commercial farm's primary on-site farm
business sign shall comply with the following standards (if the commercial farm
has frontage on multiple roads, one primary on-site farm business sign may be
placed on each frontage):
i. The sign is set
back at least 10 feet from the paved portion of the street right of
way;
ii. The maximum size (meaning
the physical size of the sign and not the combined square footage of both
sides) is 32 square feet; and
iii.
The maximum height to the top of the sign does not exceed 15 feet from the
ground.
4. The
provisions of this subsection shall not apply to a commercial farm's primary
on-site farm business sign(s), commercial billboards, New Jersey Department of
Transportation Tourist Oriented Directional Signage (TODS), Farmland
Preservation signs, signs whose sole purpose is to facilitate and provide for
safe traffic movement directly onto or from the farm site, and signs within the
interior of the farm that are not intended to be visible from a public right of
way. A commercial farm's on-farm direct marketing facility, activity, and event
signs shall meet the following criteria:
i.
The maximum size of any one sign (meaning the physical size of the sign and not
the combined square footage of both sides) is 16 square feet;
ii. The total combined square footage of the
signs does not exceed 160 square feet (this is calculated by summing the
physical sizes of the signs and not the square footage of the signs' front and
back sides); and
iii. If a
commercial farm has multiple distinct and separate on-farm direct marketing
locations, such as two on-farm direct marketing facilities located on two
different properties within the farm management unit, each on-farm direct
marketing location may utilize a total combined square footage of signs of 160
square feet, as specified in (g)4ii above.
(h) In the absence of municipal standards for
the construction of parking areas applicable to on-farm direct marketing
facilities, the standards in this subsection shall apply to facilities' parking
areas.
1. A commercial farm's parking areas
for on-farm direct marketing facilities, activities, and events may include
areas permanently devoted to parking, areas temporarily devoted to parking, or
a combination of such areas. Areas permanently devoted to parking means areas
utilized by the facility on a daily basis when the facility is open. Areas
temporarily devoted to parking means areas utilized by the facility when
additional parking capacity is needed on a short-term, temporary basis, such as
in conjunction with seasonal on-farm direct marketing sales, activities, or
events.
2. The following standards
shall apply to all parking areas:
i. Safe,
off-road parking shall be provided. Parking shall not be located in a road
right of way, and the number of spaces provided shall be sufficient to
accommodate the normal or anticipated traffic volume for the commercial farm's
on-farm direct marketing facilities, activities, and events;
ii. Ingress and egress points, driveway
areas, and parking areas shall be arranged, so as to provide for safe traffic
circulation. This arrangement shall allow customers to safely pull off of and
onto adjacent roadways, and to safely maneuver to and from parking areas and
into and out of parking spaces. On-farm direct marketing facilities need
adequate driveway access to enable customers to reach the facility from the
adjacent roadway; and
iii. Where
applicable, on farms that allow buses, parking areas shall accommodate bus
traffic and allow for the safe unloading and loading of bus
passengers.
3. The types
of surfaces and any physical improvements associated with areas permanently
devoted to parking, such as curbing or landscaping, need not involve greater
than the minimum level of improvements necessary to protect public health and
safety.
4. The following standards
shall apply to areas temporarily devoted to parking:
i. Areas temporarily devoted to parking shall
require few or no improvements, so that they can easily be converted back to
productive agricultural use once a farm's need for short-term additional
parking ceases;
ii. Areas
temporarily devoted to parking may include, but are not limited to, hay fields,
grass fields, pastures, and other crop fields, provided they have vegetative or
organic mulch cover, such that bare ground is not parked on;
iii. The slope of the land shall be
considered to address issues related to drainage, puddles and pockets of
standing water, and safety;
iv.
During dry conditions, areas temporarily devoted to parking shall be mowed, so
as to minimize fire hazards related to vegetation coming in contact with the
underside of customer vehicles;
v.
During wet conditions, areas temporarily devoted to parking shall be managed to
provide vehicles and pedestrians with safe and sufficient traction;
and
vi. A commercial farm shall
mark, sign, or indicate through staff direction or other means where vehicles
should be parked.
(i) The standards for buffers for on-farm
direct marketing facilities, activities, and events on commercial farms shall
be as follows:
1. The general standards are as
follows:
i. A commercial farm may utilize
buffers as an effective tool to mitigate the impacts that on-farm direct
marketing facilities, activities, or events may pose on adjacent properties,
such as noise, dust, and light spillage.
ii. Buffers need not involve greater than the
minimum setbacks and/or screening necessary to protect public health and safety
and to mitigate unreasonably adverse impacts on adjacent properties.
iii. When making determinations regarding the
necessity or extent of buffers, consideration shall be given to the following:
(1) The nature of the existing adjacent
property uses;
(2) The nature and
scale of the commercial farm's on-farm direct marketing facilities, activities,
and events;
(3) The frequency of
the commercial farm's activities and events;
(4) The physical features and constraints of
the commercial farm property;
(5)
The presence or absence of existing on- or off-farm buffers; and
(6) The economic feasibility of using
buffers.
2.
The setback requirements are as follows:
i.
The standards in this paragraph shall apply to the location of building and
parking areas for on-farm direct marketing facilities.
ii. The following standards shall apply to
new or expanded facilities' permanent structures:
(1) A 50-foot front-yard setback from the
paved portion of the road right of way;
(2) A 50-foot side-yard setback from the
property line; and
(3) A 50-foot
rear-yard setback from the property line;
iii. The following standards shall apply to
new or expanded activities and events:
(1) A
25-foot front-yard setback from the paved portion of the road right of
way;
(2) A 50-foot side-yard
setback from the property line;
(3)
A 50-foot rear-yard setback from the property line; and
(4) A 100-foot setback from an existing,
occupied residence not located on the farm.
iv. The following standards shall apply to
new or expanded areas permanently devoted to parking:
(1) A 25-foot front-yard setback from the
paved portion of the road right of way;
(2) A 50-foot side-yard setback from the
property line; and
(3) A 50-foot
rear-yard setback from the property line.
v. Setbacks of a lesser distance than those
specified in (i)2ii through iv above may be permissible provided the following
is met:
(1) Screening is considered and, if
appropriate, installed;
(2) The
combined setback distance and screening arrangement receives approval as a
site-specific agricultural management practice pursuant to
N.J.A.C.
2:76-2.3 and 2.4;
(3) The site-specific agricultural management
practice determination takes, at a minimum, the following into consideration:
(A) Adjacent property uses and
buffers;
(B) The scale of the
facility and intensity of its use;
(C) The nature, scale, and frequency of the
activities and events;
(D) The
physical features and constraints of the commercial farm property;
and
(E) The economic feasibility of
using buffers; and
(4)
For a board or the Committee to make a site-specific agricultural management
practice determination departing from the provisions in (i)2ii through iv
above, a commercial farm must provide a legitimate farm-based reason for the
departure and address the considerations listed in this subparagraph.
vi. Existing on-farm direct
marketing facilities, activities, or events, including existing areas
permanently devoted to parking, are not subject in their current layout and
configuration to the provisions of (i)2ii through iv above. If such facilities,
activities, events, or parking areas are situated at lesser distances than the
standards specified in (i)2ii through iv above, the use of screening for buffer
purposes shall be considered.
vii.
Existing on-farm direct marketing activities or events that are offered and
located in different fields over time shall not be considered new activities or
events under this paragraph.
3. The screening requirements for on-farm
direct marketing facilities, activities, and events on commercial farms shall
be as follows:
i. Screening, when used for
buffer purposes, shall consist of vegetation or structures, such as, but not
limited to, trees, bushes, fences, or walls;
ii. If the screening is comprised of
vegetation and if used in conjunction with a facility, the existing or newly
planted materials shall be grown in such a manner that there is 75 percent
screening of the facility within five years;
iii. If the screening is comprised of
vegetation and if used in conjunction with an activity or event offered in two
or more consecutive years, the existing or newly planted materials shall be
grown in such a manner that there is 75 percent screening of the activity or
event within five years;
iv. If the
screening is comprised of a fence, wall, or another existing farm structure,
then the fence, wall, or other existing farm structure shall be of sufficient
height or construction to provide 75 percent screening of the facility,
activity, or event; and
v. If the
distance between a new or expanded facility and an existing, occupied residence
not located on the farm is less than 100 feet, screening shall be
installed.
4. For the
purposes of this subsection, existing on-farm direct marketing facilities,
activities, or events are those facilities, activities, or events that are in
operation as of April 7, 2014, the effective date of the AMP.
(j) Outdoor sales areas shall be
arranged, so as to not interfere with safe pedestrian and vehicular traffic
circulation.
(k) The use of
structures or improvements in conjunction with on-farm direct marketing
activities and events shall be as follows:
1.
Existing agricultural structures or improvements may be used in conjunction
with the offering of on-farm direct marketing activities and events, provided
this use does not adversely affect the continued use of the structures or
improvements for agricultural production purposes.
2. New structures or improvements may be
constructed and used in conjunction with the offering of on-farm direct
marketing activities and events, provided this construction and use has a
negligible impact on the farm's continued use of the land for agricultural
production purposes.
i. If such structures or
improvements are temporary and used in conjunction with a temporary or seasonal
activity, the structures or improvements shall be removed within 30 days of
cessation of the activity or event.
3. The use and construction of structures or
improvements shall comply with relevant Federal and State laws, rules, and
regulations.
(l) On-farm
direct marketing activities and events shall have a negligible impact on the
farm's continued use of the land for agricultural production
purposes.
(m) Standards for certain
on-farm direct marketing activities shall be as follows:
1. For pick-your-own activities, the
following standards shall apply:
i. Visitors
shall be informed of any rules to follow and instructed as to which fields they
are permitted to harvest;
ii.
Fields open for pick-your-own activities shall be clearly marked;
iii. Parking areas may be adjacent to or near
pick-your-own fields, particularly if such fields are far from the farm's
pick-your-own market area; and
iv.
Pick-your-own market areas shall comply with applicable standards for on-farm
direct marketing facilities.
2. For choose-and-cut Christmas tree
activities, the following standards shall apply:
i. Visitors shall be informed of any activity
and equipment rules and where Christmas trees may be selected and
cut;
ii. Customers may be allowed
to cut their own Christmas trees;
iii. Customers shall not be supplied with
power equipment or be permitted to use motorized tree baling equipment;
and
iv. Choose-and-cut Christmas
tree market areas shall comply with applicable standards for on-farm direct
marketing facilities.
3.
For corn, sunflower, and other crop mazes, the following standards shall apply:
i. Visitors shall be informed of any rules
associated with the maze, including how to exit the maze in the event of an
emergency;
ii. Farm staff shall
walk through the maze periodically, or periodically observe the maze from an
elevated location, to check for lost visitors. Farm staff shall similarly check
for lost visitors before closing the maze;
iii. If a maze is open after dark, adequate
lighting shall be provided by the commercial farm and/or used by visitors to
illuminate the traveled paths. If lighting is provided, the lighting shall be
turned off within half an hour of the close of business; and
iv. No smoking or any other open flames shall
be permitted in or near the maze.
4. For hayrides and wagon rides, the
following standards shall apply:
i. Wagons
shall be in good repair and have sideboards to contain occupants;
ii. A ladder, ramp, footstool, steps, or
other stable device or component shall be used to assist with safe boarding of
and disembarking from wagons;
iii.
When using a tractor to tow wagons, the left and right brakes of the tractor
shall be locked together;
iv. No
smoking or any other open flames shall be permitted on hayrides and wagon
rides; and
v. Wagon operators
shall:
(1) Plan routes in advance;
(2) Be familiar with and have experience
operating the tractor and wagon equipment;
(3) Be familiar with and have experience
using draft animals, if applicable, and the wagon equipment;
(4) Evenly distribute passengers on the
wagons and instruct passengers to remain seated during the ride;
(5) Operate tractor and wagon equipment in
low gears and at safe speeds; and
(6) Have a current motor vehicle operator's
license.
5.
For livestock and animal activities, the following standards shall apply:
i. A farm employee or activity attendant
shall regularly monitor activities in which visitors may have incidental
contact with agricultural animals. Incidental contact includes, but is not
limited to, agricultural animal display, petting, or feeding areas;
ii. A farm employee or activity attendant
shall be present at all times to monitor activities in which visitors are
permitted to have direct contact with agricultural animals. Direct contact
includes, but is not limited to, horseback riding, pony rides, and animal
shows, competitions, or demonstrations;
iii. All agricultural animals having
incidental or direct contact with the public shall be observed daily for health
problems by a farm employee or activity attendant. Sick animals or animals
behaving strangely shall be prevented from having contact with the
public;
iv. Hand-sanitizing
facilities shall be provided and readily available if an activity is offered in
which visitors may have incidental or direct contact with agricultural animals.
Hand-sanitizing facilities include running water with soap, antibacterial hand
wipes, waterless hand sanitizers, and/or other hand-washing stations. Visitors
shall be advised to sanitize their hands after contact with agricultural
animals;
v. Visitors shall be
advised not to feed agricultural animals unless the feed has been specifically
provided by the farm;
vi. Visitors
shall be advised that their pets and animals shall not be allowed in areas with
agricultural animal activities unless in connection with a specific
agricultural purpose, including, but not limited to, agricultural animal shows,
competitions, or demonstrations; and
vii. The management of animals shall comply
with the Animal Welfare Act,
7
U.S.C. §
54, and the Humane Treatment of
Domestic Livestock rules, N.J.A.C. 2:8, as applicable, and any other relevant
State and Federal laws, rules, or regulations.
6. For bonfires, the following standards
shall apply:
i. A commercial farm conducting
a bonfire shall comply with Uniform Fire Code requirements,
N.J.A.C.
5:70-2.7, and any other relevant State and
Federal laws, rules, or regulations.
ii. A farm employee shall be present for the
duration of the bonfire to monitor and oversee the activity.
(n) The event
management plan for on-farm direct marketing events shall include the
following:
1. If the expected volume of
traffic and visitors for an event is significantly greater than the volume
regularly accommodated by a commercial farm's on-farm direct marketing
facility, such that the increased volume of traffic is likely to interfere with
the movement of normal traffic or emergency vehicles on- and off-site, the farm
shall create and implement a written event management plan to address public
health and safety issues including, but not limited to, emergency vehicle
access, traffic management, and public health management.
i. A complete copy of the plan shall be
provided to the clerk of the municipality in which the commercial farm is
located at least 30 days in advance of the event as an advisory notice and to
enable coordination between the commercial farm and municipality that may be
necessary regarding emergency vehicle access, traffic, and public health
management.
ii. Emergency vehicle
access management includes establishing the location(s) and manner in which
emergency vehicles may access the farm if necessary.
iii. Traffic management includes:
(1) Providing safe ingress and egress,
vehicular traffic flow, and pedestrian traffic flow;
(2) Utilizing parking attendants, signs, or
other parking-related instructions to facilitate vehicular and pedestrian
traffic flow onto, off of, and within the farm. Local police officers may be
hired to assist with traffic management;
(3) Establishing areas temporarily devoted to
parking based on the volume of visitors expected; and
(4) Establishing overflow parking areas in
the event the planned-for parking capacity is exceeded.
iv. Public health management includes:
(1) Providing sanitary facilities sufficient
to accommodate, without causing long queues, the volume of visitors
expected;
(2) Providing
hand-sanitizing facilities for visitors to wash or sanitize their hands after
the use of the sanitary facilities;
(3) Locating sanitary facilities and managing
them with an appropriate cleaning schedule, so as to prevent adverse impacts on
adjacent properties, such as odors;
(4) Providing trash and recycling receptacles
to accommodate the volume of visitors expected in order to prevent the
accumulation of trash on the ground; and
(5) Properly training and equipping
commercial farm staff on how to handle an emergency situation during the event
including, but not limited to, whether and how police, fire, or other entities
should be contacted based on an actual emergency.
2. A commercial farm may satisfy
the provisions of (n)1 above by obtaining a special events permit, or its
equivalent, from the municipality in which the commercial farm is
located.
3. If an event of the type
described in (n)1 above occurs periodically or more than once per year and
occurs under the same basic conditions, a commercial farm may satisfy the
provisions of (n)1 above for the multiple events by submitting a single event
management plan that notes the multiple occurrences and the future dates of the
event.
(o) This section
shall not be construed to extend Right to Farm protection to overnight
accommodations of any kind, including, but not limited to, lodging and
camping.
(p) The approval of site
plan elements for new or expanded on-farm direct marketing facilities shall be
as follows:
1. A commercial farm seeking
approval of site plan elements to establish a new, or expand an existing,
on-farm direct marketing facility may apply to the municipality and/or the
county agriculture development board for such approval.
i. A commercial farm applying to a
municipality for approval of site plan elements may request that the
municipality consider waiving or reducing review requirements based on a
consideration of relevant site-specific elements, such as the following: the
farm's setting and surroundings; the scale of the facility and intensity of its
use; the type and use of the public road on which the facility is located; and
the minimum level of improvements necessary to protect public health and
safety. Nothing in this paragraph shall be construed as authorizing a
municipality to waive or reduce review requirements required by State or
Federal law, rule, or regulation.
ii. A commercial farm applying to a county
agriculture development board or the Committee for approval of site plan
elements shall request a site-specific agricultural management practice
determination pursuant to
N.J.A.C.
2:76-2.3 and 2.4.
iii. If a commercial farm has previously
obtained approval for an on-farm direct marketing facility, then such a
facility closing seasonally and reopening the following year with the same
total square footage of indoor and/or outdoor covered sales area as previously
approved shall not be considered a new facility.
(q) On-farm direct marketing
facilities, activities, and events shall comply with relevant Federal and State
laws, rules, and regulations, including, but not limited to:
1. The Highlands Water Protection and
Planning Act,
N.J.S.A.
13:20-1 et seq.;
2. The Soil Erosion and Sediment Control Act,
N.J.S.A.
4:24-39 et seq.;
3. The New Jersey Uniform Construction Code,
N.J.A.C. 5:23;
4. The New Jersey
Uniform Fire Code, N.J.A.C. 5:70;
5. The Stormwater Management rules, N.J.A.C.
7:8;
6. The State Highway Access
Management Code, N.J.A.C. 16:47;
7.
The Sanitation in Retail Food Establishments and Food and Beverage Vending
Machines rules, N.J.A.C. 8:24; and
8. The Pinelands Comprehensive Management
Plan, N.J.A.C. 7:50.
(r)
Additional miscellaneous provisions for on-farm direct marketing facilities,
activities, and events on commercial farms shall be as follows:
1. This agricultural management practice does
not preclude a commercial farm from requesting a site-specific agricultural
management practice determination for on-farm direct marketing facilities,
activities, and events pursuant to
N.J.A.C.
2:76-2.3 and 2.4. A board or the Committee,
pursuant to
N.J.A.C.
2:76-2.3 and 2.4, may make site-specific
agricultural management practice determinations for facilities, activities, and
events, provided such site-specific agricultural management practice
determinations are consistent with the practices set forth in this
section.
2. If a commercial farm
believes a municipality's standards for the construction of building and
parking areas applicable to on-farm direct marketing facilities are unduly
restrictive, or believes a municipality is unreasonably withholding local
zoning approval related to a facility, the commercial farm may request that the
appropriate board, or the Committee in counties where no board exists, make a
determination in the matter by requesting a site-specific agricultural
management practice pursuant to
N.J.A.C.
2:76-2.3 and 2.4.
