As used in this chapter, the following words
shall have the following meanings:
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,
N.J.S.A. 54:4-23.1 et seq.; or
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, N.J.S.A. 54:4-23.1 et seq.
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.
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% 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% of the sales area shall be devoted to the sale of
the 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.
A direct marketing alternative wherein retail or wholesale
customers are invited onto a commercial farm in order to harvest agricultural,
floricultural or horticultural products.
A.
The right to farm is hereby recognized to exist in
this Township and is hereby declared a permitted use in all zones
of this Township. This right to farm includes, but not by way of limitation:
(1)
Production of agricultural and horticultural crops,
trees, apiary and forest products, livestock, poultry and other commodities
as described in the Standard Industrial Classification for agriculture,
forestry, fishing and trapping.
(2)
Housing and employment of necessary farm laborers.
(3)
Erection of essential agricultural buildings, including
those dedicated to the processing and packaging of the output of the
commercial farm and ancillary to agricultural and horticultural production.
(4)
The grazing of animals and use of range for fowl.
(5)
Construction of fences.
(6)
The operation and transportation of large, slow-moving
equipment over roads within the Township.
(7)
Control of pests, including but not limited to insects
and weeds, predators and diseases of plants and animals.
(8)
Conduction of agriculture-related educational and
farm-based recreational activities, provided that the activities are
related to marketing the agricultural or horticultural output of the
commercial farm and permission of the farm owner and lessee is obtained.
(9)
Use of any and all equipment, including but not limited
to irrigation pumps and equipment, aerial and ground seeding and spraying,
tractors, harvest aids, and bird control devices.
(10)
Processing and packaging of the agricultural
output of the commercial farm.
(11)
The operation of a farm market with attendant
signage, including the construction of building and parking areas
in conformance with Township standards.
(12)
The operation of a pick-your-own operation with
attendant signage.
(13)
Replenishment of soil nutrients and improvements
of soil tilth.
(14)
Clearing of woodlands using open burning and
other techniques, installation and maintenance of vegetative and terrain
alterations and other physical facilities for water and soil conservation
and surface water control in wetland areas.
(15)
On-site disposal of organic agricultural wastes.
(16)
The application of manure and chemical fertilizers,
insecticides and herbicides.
(17)
Installation of wells, ponds and other water
resources for agricultural purposes such as irrigation, sanitation
and marketing preparation.
B.
Commercial farm operators may engage in any other
agricultural activity as determined by the State Agriculture Development
Committee and adopted by rule or regulation pursuant to the provisions
of the Administrative Procedure Act, P.L. 1968, c. 410 (N.J.S.A.52:14B-1
et seq.).
C.
The owner
or operator of a commercial farm located on preserved farmland may
hold special occasion events in accordance with P.L. 2023, c. 9.[1] The owner or operator holding a special occasion event
shall be required to complete a special occasion event application
to be reviewed by the Technical Review Committee (TRC) of Franklin
Township in the manner and upon the conditions hereinafter set forth.
[Added 3-14-2023 by Ord. No. 4401-23]
(1)
The
premises where a special occasion event is being held must have all
property taxes and water payments, all fines and fees due the Township
and life hazard use fees owed to the State of New Jersey Division
of Fire Safety paid.
(2)
Any
person applying for a special occasion event review shall show that
all applicable zoning requirements have been met for the premises
on which said special occasion event is to be held.
(3)
An
application for special occasion event review shall be signed by the
person, persons, or parties responsible and shall be filed with the
Township Clerk, accompanied by the fee payable hereunder. Such application
shall be filed in the office of the Township Clerk not less than 60
days prior to the date for which the event will be held. Applications
shall be made, in writing, on the prescribed application form and
shall include the following information:
(a)
The name and address of the person or persons, or, in the case of
a corporation, the names and addresses of the president, director
or trustee, responsible for conducting the special occasion event.
(b)
The activity to be carried out and, if applicable, the admission
fee to be charged.
(c)
The proposed location, dates, and hours of such special occasion
event.
(d)
The expected minimum and maximum number of persons (spectators) intended
to use the property(ies) at one time and collectively and the number
of persons to be engaged (workers/volunteers) in the special occasion
event.
(e)
The number of automobiles, motorcycles and other vehicles intended
to use the property(ies) at one time and collectively.
(f)
A description and plan of the location wherein said special occasion
event is to be conducted and activities proposed to be conducted at
said event.
(g)
If applicable, a detailed description of the various amusement devices
intended to be conducted or operated during the period for which the
license is sought, and any license issued upon such application shall
be only for amusement devices so described in said application.
(h)
A plan showing the layout of any parking area for motor vehicles,
including the means of ingress and egress to such parking area, and
a statement as to the number of acres or square feet of the area to
be devoted to this purpose.
(i)
For events involving carnival rides and/or inflatable rides, a copy
of the ride vendor's New Jersey DCA permit to operate.
(j)
Whether food or beverages are intended to be prepared served or distributed
and the method of disposal for all refuse attributed to each food
vendor. If food or beverages are to be prepared, served or distributed,
a plan must be attached showing all structures or buildings where
this will take place. No home preparation of food will be allowed
unless the vendor has a current cottage food license issued by the
New Jersey Department of Health.
(k)
Whether any private security guard or off-duty Franklin Township
police officers will be engaged and, if so, the number of and duties
to be performed by such persons, including the hours to be worked
and areas of responsibility and the names of all armed personnel.
The required number of off-duty Franklin Township police officers
or security guards shall be determined by the Director of Public Safety
or their designee. The Public Safety Director shall prescribe rules
for the conduct of armed security, including but not limited to the
manner in which same shall be identified.
(l)
The precautions to be utilized for fire protection, including a plan
specifying the location of fire lanes and water supply for fire control.
(m)
Whether tents and canopies are to be utilized for the special occasion
event, including:
[1]
A description of what the tent will be used for and the dates and
hours when the tent will be occupied.
[2]
A plan showing the tent location, all structures, parking areas and
the location of any proposed cooking or heating appliances (plan must
show dimensions of tent and distance to any other structure and property
lines).
[3]
A floor plan showing the interior layout of the tent, including all
tables or chairs, exit locations, exit signs, emergency light locations
and fire extinguisher locations.
[4]
If any electrical appliances are proposed, they must be shown/listed
and the plan must indicate the electrical supply for these appliances.
[5]
A certificate of flame resistance showing the tent conforms to NFPA
701.
(n)
A plan showing the location and number of toilet facilities as determined
by the Health Department for the capacity of the special occasion
event.
(o)
One plan can be submitted that includes the requirements listed herein.
(p)
The application shall be signed by the responsible person or persons
and shall be verified under oath.
(q)
A fee of $50 shall be paid upon the filing of the application.
(r)
In addition to the above described herein, the responsible person
or persons are also responsible for obtaining all other applicable
permits, including, but not limited to:
[1]
Construction Code permits: tents and canopies, generators, mechanical
equipment, and platforms.
[2]
Health Department permits: temporary food permits and animals.
[3]
Municipal Clerk permits: alcoholic beverage, solicitor, games of
chance, parade, banner.
[4]
Fire Prevention permits: fireworks/pyrotechnics, any cooking or open
flame activity, tents and canopies and rides.
[5]
Zoning permits: temporary signs.
(4)
Outside
special occasion events shall commence no earlier than 9:00 a.m. and
shall conclude no later than 11:00 p.m. of the same day.
(5)
Both
the premises where the special occasion event is held and the parking
area shall be closed as expeditiously as possible after the conclusion
of any special occasion event, and no sleeping will be permitted on
the grounds or in vehicles in either area without proper sanitary
sewer and approval by the Health Department and Fire Prevention.
(6)
Upon
filing of an application, the Township Clerk shall, within three days,
transmit a copy of the application to the TRC for their review. A
written report shall be made to the Township Clerk of the result of
the review by the TRC within 16 days from the filing of the application.
Said written report shall also be transmitted to the grantee of the
development rights of the preserved farm.
(7)
Submission
of off-duty police escrow in an amount to be determined by the Franklin
Township Police Department:
(8)
An
inspection of the premises to be used for the special occasion event
shall be made by the appropriate member(s) of the TRC to ensure that
adequate off-street parking is available and to check on other public
safety factors. All areas and structures on the premises are subject
to inspection.
(9)
If
the application involves a carnival, circus, traveling show or special
event, the application shall provide an insurance certificate in conjunction
therewith in the amount of $500,000 for any one person and $1,000,000
for any one accident. Said policy shall name the Township of Franklin
as additional insured and a certification of same shall be filed with
the Township Clerk at least seven days prior to the event.
(10)
If any of the provisions of this chapter shall be violated, the Township
Manager or their designee may cause the special occasion event to
be suspended or terminated. Such suspension or termination shall be
determined as follows:
(a)
The Township Manager or their designee shall cause a written notice
of the alleged violation of this chapter or any other laws involved
to be served upon the person or persons responsible for the special
occasion event and upon the premises where the event will be held,
together with a notice of the time and place of hearing, to be held
not less than 24 hours after service, directing the responsible person
or persons to show cause before the Township Manager or their designee
why the special occasion event should not be suspended or revoked.
(b)
At the hearing, the Township Manager or their designee shall hear
all the evidence offered by the Township and the responsible person
or persons which is material to the issue and shall make a prompt
determination of its findings. If the findings be in favor of the
responsible person or persons, the violations shall be dismissed,
but if the findings be against the responsible person or persons,
the special occasion event may be suspended or terminated or allowed
to be confirmed or held under such conditions as the Township Manager
or their designee may direct. In the event of termination, the special
occasion event shall be terminated immediately, and the premises may
be dispersed immediately by any Township employee authorized by the
Township Manager or their designee.
(c)
In the event the Township Manager or their designee determines that
the number of persons gathered or gathering upon or for entry upon
the premises where a special occasion event is being held shall exceed
the allowable number of persons allowed on the licensed premises,
or violates any other law, regulations or ordinance that is or could
cause harm to the public health or safety, the Township Manager or
their designee may give notice to the responsible person or persons
immediately to not commence the special occasion event or to cease
the special occasion event. The responsible person or persons may
thereupon request a hearing before the Township Manager forthwith
and said hearing shall be held as promptly as possible.
(11)
Nothing contained herein shall be deemed or construed to prevent
the enforcement of any other remedy at law, concurrent or otherwise,
available to the Township of Franklin or any law enforcement authority
to avoid or prevent any violation or attempted violation of this subsection,
such as but not limited to an injunction or restraining order.
(12)
This subsection is in addition to any other law, ordinance or regulation
affecting the subject matter herein and is not in limitation thereof.
(13)
Notwithstanding any other provisions of this subsection, the Township
of Franklin hereby reserves the right to waive any or all sections
of this subsection when it appears that the best interests of the
Township of Franklin shall be served by the waiving of said provisions.
Any waiving of said provisions shall not be considered a precedent
which would affect subsequent enforcement or nonenforcement of the
provisions of this subsection.
[1]
Editor's Note: See N.J.S.A. 4:1C-32.15 et seq.
Commercial farm operators are strongly advised
to adhere to generally accepted agricultural management practices
that have been:
A.
Promulgated as rules by the State Agriculture Development
Committee;
B.
Recommended as site-specific agricultural management
practices by the County Agriculture Development Board;
C.
Approved by the local Soil Conservation District in
the form of a farm conservation plan that is prepared in conformance
with the United States Department of Agriculture, Natural Resources
Conservation Service (NRCS) Field Office Technical Guide (FOTG), revised
April 20, 1998, as amended and supplemented; or
D.
Recommended by the New Jersey Agricultural Experiment
Station.
The foregoing activities must be in conformance
with applicable federal and state law.
The foregoing practices and activities may occur
on holidays, weekdays and weekends by day or night and shall include
the attendant or incidental noise, odors, dust and fumes associated
with these practices.
It is hereby determined that whatever nuisance
may be caused to others by these foregoing uses and activities is
more than offset by the benefits of farming to the neighborhood community
and society in general.
Any person aggrieved by the operation of a commercial
farm shall file a complaint with the applicable County Agriculture
Development Board or the State Agriculture Development Committee in
counties where no county board exists prior to filing an action in
court.
An additional purpose of this chapter is to
promote a good neighbor policy by advising purchasers and users of
property adjacent to or near commercial farms of accepted activities
or practices associated with those neighboring farms. It is intended
that, through mandatory disclosures, purchasers and users will better
understand the impacts of living near agricultural operations and
be prepared to accept attendant conditions as the natural result of
living in or near land actively devoted to commercial agriculture
or in an agricultural development area, meaning an area identified
by a County Agriculture Development Board pursuant to the provisions
of N.J.S.A. 4:1C-18 and certified by the State Agriculture Development
Committee. The disclosure required by this section is set forth in
the form attached hereto as Appendix A.[1]
[1]
Editor's Note: Appendix A, Real Estate Transfer and Disclosure Statement, is included at the end of this chapter.
