Current through Register Vol. 56, No. 18, September 16, 2024
(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),
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 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 4:1C-14 or a subregional agricultural
retention board established pursuant to
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 (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 (54:4-23.1 et seq.).
"Committee" means the State Agriculture Development Committee
established pursuant to
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
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,
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 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,
13:20-1 et seq.;
2. The Soil Erosion and Sediment Control Act,
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
2:76-2.3 and 2.4. A board or the
Committee, pursuant to
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
2:76-2.3 and 2.4.
