New Jersey § 4:1c-32

§ 4:1c-32.

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. (b) No permanent structure constructed fewer than five years prior to the date of

application to the grantee to hold a special occasion event pursuant to subsection

c. of this section shall be used for the purpose of holding the special occasion event. (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 November 30 of each year. (d) No public utilities, including gas or sewer lines, shall be extended to the preserved

farmland for the purpose of holding special occasion events, except that electric

and water service may be extended to preserved farmland for the purpose of holding

special occasion events. (6) Parking at a special occasion event shall be provided through the use of existing

parking areas on the farm and curtilage surrounding existing buildings to the extent

possible. Additional on-site areas required to provide temporary parking shall comply with

the standards for on-farm direct marketing facilities, activities, and events adopted

by the committee pursuant to the “Right to Farm Act,” P.L.1983, c. 31 ( C.4:1C-1 et seq. ). (7) The occupied area associated with a special occasion event shall be no more than

the lesser of 10 acres or 10 percent of the preserved farmland. c. A special occasion event shall not be held on preserved farmland unless the applicant

obtains approval to hold special occasion events, in writing from the grantee, prior

to holding a special occasion event. If the applicant is the operator, but not the owner, of the farm, then the operator

shall submit to the grantee a notarized affidavit from the owner authorizing the application. Once approval is obtained from the grantee, a permittee shall be required to submit

an application pursuant to this subsection not more than once annually, and an individual

application shall not be required for each special occasion event. (1) A grantee whose approval is required for a special occasion event to be held on

preserved farmland shall develop an application process by which an owner or operator

of a commercial farm located on preserved farmland may apply for approval. The application shall, at a minimum, allow the grantee to determine: (a) that the commercial farm located on the preserved farmland produces agricultural

or horticultural products worth $10,000 or more annually, and this may include an

attestation that the commercial farm located on the preserved farmland produces agricultural

or horticultural products worth $10,000 or more annually; (b) the number of special occasion events to be held on the commercial farm during

the calendar year; (c) the maximum attendance of the special occasion events; (d) the acreage of the occupied area, as delineated on a map or aerial photograph,

to be used for the special occasion event; and (e) whether the farm is in compliance with its farmland preservation deed of easement. (2) The grantee shall approve an application made pursuant to this section upon a

finding that the special occasion events on the preserved farmland that are the subject

of the application comply with the requirements of this act and any rules and regulations

adopted by the committee to implement this act. The grantee shall forward a copy of its approval to the committee and to the board

in the county in which the preserved farmland is located. (a) If the grantee is a qualifying tax exempt nonprofit organization as defined pursuant

to P.L.1999, c. 152 ( C.13:8C-3 ), the grantee may approve, approve with conditions, or deny the application submitted

pursuant to this section. (b) If the grantee does not respond to a written request to hold special occasion

events within 90 days following receipt of a request, then the request shall be deemed

approved. (c) If the grantee denies an application made pursuant to this section, the grantee

shall provide a reason for the denial and an opportunity for the applicant to reapply

with an amended application. (3) An applicant shall annually certify to the grantee, in a form and manner to be

prescribed by the grantee, information about the special occasion events held in the

prior calendar year that were approved pursuant to this section, including, but not

limited to, the date, occasion, and approximate number of attendees of each event. The grantee shall forward a copy of the certification to the committee. d. A commercial farm shall not hold more than one special occasion event with over

100 guests per calendar day. (1) A commercial farm may hold 26 special occasion events each calendar year, of which

only six special occasion events may have 250 guests or more in attendance at any

time during the event. A special occasion event held by or for a nonprofit entity shall not count against

the limitations on events provided by this subsection if the event has fewer than

100 guests and the permittee does not charge for, and receives no fees or compensation

for hosting the event, other than for reimbursement of out-of-pocket expenses. The maximum reimbursement to the permittee shall not exceed $1,000. e. A retail food establishment other than a temporary retail food establishment, as

those terms are defined in the State Sanitary Code adopted pursuant to section 7 of

P.L.1947, c. 177 ( C.26:1A-7 ), shall not operate on a commercial farm in support of a special occasion event. The limitations of this subsection on the use of a retail food establishment shall

not apply to a retail food establishment based at the commercial farm. f. Nothing in P.L.2023, c. 9 ( C.4:1C-32.15 et seq. ), or the rules and regulations adopted by the committee pursuant to section 6 of

P.L.2023, c. 9 ( C.4:1C-32.20 ), shall apply to any special occasion event that is not held, in whole or in part,

on preserved farmland on a commercial farm, including, but not limited to, exception

areas.