Bill Text: NJ A5927 | 2020-2021 | Regular Session | Introduced
Bill Title: Allows equine and livestock veterinary facilities on preserved farmland under certain conditions.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-06-24 - Introduced, Referred to Assembly Agriculture Committee [A5927 Detail]
Download: New_Jersey-2020-A5927-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
Assemblyman ERIC HOUGHTALING
District 11 (Monmouth)
SYNOPSIS
Allows equine and livestock veterinary facilities on preserved farmland under certain conditions.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning equine and livestock veterinary facilities on preserved farmland and supplementing Title 4 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that: over 2,600 farms comprising over 236,00 acres of farmland have been preserved in New Jersey since the inception of the State's farmland preservation program; the original intent of the farmland preservation program was to prevent suburban sprawl and the conversion of agriculturally suitable land to other purposes, and to keep agriculture as an economically attractive business in the State; and agriculture should be viewed as simultaneously a land use and a business enterprise, and preservation of farmland is not meant to prevent farmers from engaging in practices that provide essential support services and supplying needed services to the surrounding agricultural community in order to the enhance the long-term viability of the State's agricultural industry.
The Legislature further finds and declares that: keeping agriculture as a sustainable industry in the State is crucial to keeping New Jersey as the Garden State; and veterinary facilities that solely engage in the practice of veterinary medicine for livestock or equine animals, or both, provide an essential agriculture support service and supply needed services to the surrounding agricultural community, and can be sited without displacing agricultural or horticultural production as the first priority use of preserved farmland or disrupting neighborhoods that surround preserved farms.
2. a. Notwithstanding any law, or any rule or regulation adopted pursuant thereto, to the contrary, a veterinary facility may be located and operated on preserved farmland, subject to the following conditions:
(1) the owner of the preserved farmland obtains the approval of the committee, pursuant to subsection b. of this section, prior to the location and operation of the veterinary facility;
(2) the veterinary facility solely engages in the practice of veterinary medicine for livestock or equine animals, or both, thereby providing an essential agriculture support service and supplying needed services to the surrounding agricultural community;
(3) the veterinary facility does not interfere significantly with the use of the land for agricultural or horticultural production, as determined by the committee;
(4) any improvements to existing structures for use as the veterinary facility shall be limited to the minimum required for the protection of public health and safety or for the health and safety of the livestock or equine animals treated at the facility;
(5) no public utilities including water, gas, or sewer lines, shall be extended to the preserved farmland, except that: (a) electric service may be extended to preserved farmland for the purpose of the veterinary facility, and (b) any public utilities already existing on the preserved farmland may be extended to the structure in which the veterinary facility is located;
(6) all applicable State and local laws, regulations, resolutions, and ordinances including, but not limited to, those concerning noise, solid waste, traffic, and the protection of public health and safety shall apply to the veterinary facility;
(7) parking for the veterinary facility shall be provided through the use of existing parking areas on the farm and curtilage surrounding existing buildings to the extent possible, except that additional on-site parking areas may be allowed, subject to approval by the committee;
(8) the location of the structure and parking area to be used for the veterinary facility shall not cause a significant and direct negative impact to any surrounding residential properties; and
(9) the owner of the preserved farmland obtains all other permits, approvals, or authorizations that may be required by federal, State, or local law, rule, regulation, or ordinance, and provides evidence of such upon request by the committee.
b. (1) Prior to locating or operating a veterinary facility on preserved farmland, the owner of preserved farmland shall submit an application to the committee, in the form and manner determined by the committee, and obtain the approval of the committee pursuant to this subsection. Upon receipt of an application pursuant to this subsection, if the committee is not the grantee, the committee shall provide the grantee with a copy of the application and provide the grantee with 30 days to provide comments to the committee on the application.
(2) Within 90 days after receipt of a completed application, submitted for the purposes of subsection a. of this section, the committee shall approve, approve with conditions, or disapprove the application.
(a) If the committee is the grantee, the committee, in its sole discretion, may issue an approval pursuant to this section to the owner of the preserved farmland. If the committee is not the grantee, the committee shall consult with the grantee and consider any comments received from the grantee prior to issuing a decision on the application.
(b) The committee shall provide a copy of its decision on an application to the applicant, and, as applicable, to the grantee and the board of the county in which the preserved farmland is located. A decision disapproving an application shall include a written description of the reasoning for the committee's disapproval and include recommendations concerning the revisions necessary in order to obtain approval.
c. Notwithstanding the provisions of section 1 of P.L.2009, c.213 (C.4:1C-32.4), or any rules or regulations adopted pursuant thereto, to the contrary, an owner of preserved farmland that receives an approval from the committee pursuant to subsection b. of this section may install and operate a roof mounted solar photovoltaic system on the structure in which the veterinary facility is located, provided that any power generated from the solar photovoltaic system is used to provide power or heat to the farm, or to reduce, through net metering or other similar program or system, energy costs on the preserved farmland. Energy generated from the installation of a roof mounted solar photovoltaic system pursuant to this subsection shall not be subject to the limit on annual energy generation capacity established pursuant to the section 1 of P.L.2009, c.213 (C.4:1C-32.4).
d. The committee, the applicable board, and the grantee, if applicable, have the right, without advance notice, to inspect a preserved farm that has received approval pursuant to this section, upon presentation of appropriate credentials and during normal business hours in order to determine compliance with the provisions of this section.
e. The committee may suspend or revoke an approval issued pursuant to this section for a significant violation of a term or condition of the approval or any provision of this section. Prior to the suspension or revocation of an approval, the committee shall provide written notice of the violation to the owner of the preserved farmland, and the owner of the preserved farmland shall have 30 days to correct the violation.
f. (1) Nothing in this section shall be interpreted as providing a veterinary facility with protection under section 6 of the "Right to Farm Act," P.L.1983, c.31 (C.4:1C-9).
(2) No income derived from the location and operation of a veterinary facility pursuant to this section, or from the installation of a roof mounted solar photovoltaic system pursuant to subsection c. of this section, may be considered income for eligibility for valuation, assessment, and taxation of land pursuant to the "Farmland Assessment Act of 1964," P.L.1964, c.48 (C.54:4-23.1 et seq.).
g. The committee, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary for the implementation of this section, including but not limited to: the process by which a landowner may apply for the approval required pursuant to this section; the establishment of reasonable application fees to pay for the cost of review of the application, which fees shall not exceed the costs incurred by the committee for the review of applications; and an identification of the activities that would qualify as a significant violation pursuant to subsection e. of this section. The rules and regulations adopted by the committee pursuant to this section shall ensure that a veterinary facility approved pursuant to this section does not:
(1) significantly interfere with any agricultural deed restrictions for farmland preservation purposes on the preserved farmland; or
(2) result in the use of preserved farmland for primarily non-agricultural or horticultural purposes.
h. As used in this section:
"Board" means a county agriculture development board established pursuant to section 7 of P.L.1983, c.32 (C.4:1C-14). "Committee" means the State Agriculture Development Committee established pursuant to section 4 of P.L.1983, c.31 (C.4:1C-4).
"Equine animal" means the same as the term is defined in section 2 of P.L.1997, c.287 (C.5:15-2).
"Grantee" means the entity to which the development rights of a preserved farm were conveyed pursuant to the provisions of section 24 of P.L.1983, c.32 (C.4:1C-31), section 5 of P.L.1988, c.4 (C.4:1C-31.1), section 1 of P.L.1989, c.28 (C.4:1C-38), section 1 of P.L.1999, c.180 (C.4:1C-43.1), sections 37 through 40 of P.L.1999, c.152 (C.13:8C-37 through C.13:8C-40), or any other State law enacted for farmland preservation purposes. "Grantee" shall include all entities which lawfully succeed to the rights and responsibilities of a grantee, including, but not limited to, the grantee's successors and assigns.
"Preserved farmland" means the same as the term is defined in section 4 of P.L.2009, c.213 (C.54:4-23.3c).
"Veterinary facility" means an animal or veterinary facility as defined in section 1 of P.L.1983, c.98 (C.45:16-1.1).
3. This act shall take effect immediately.
STATEMENT
This bill would allow veterinary facilities for livestock or equine animals, or both, to be located and operated on preserved farmland under certain conditions.
The bill provides that the owner of the preserved farmland may locate and operate a livestock veterinary facility on preserved farmland, provided that the owner applies to, and receives prior approval from, the State Agriculture Development Committee (SADC). The bill sets forth certain conditions, including that: (1) the veterinary facility solely engages in veterinary medicine for livestock or equine animals, or both, providing an essential agriculture support service and supplying needed services to the surrounding agricultural community; (2) the veterinary facility does not interfere significantly with the use of the land for agricultural or horticultural production, as determined by the SADC; (3) any improvements to existing structures used for the veterinary facility are limited to the minimum required for the protection of public health and safety or for the health and safety of the livestock or equine animals treated at the facility; (4) no public utilities including water, gas, or sewer lines, may be extended to the preserved farmland, except that electric service may be extended to preserved farmland for the purpose of the veterinary facility, and public utilities present on the preserved farmland may be extended to the structure in which the veterinary facility is located; (5) the facility complies with all applicable State and local laws, regulations, resolutions, and ordinances including, but not limited to, those concerning noise, solid waste, traffic, and the protection of public health and safety; (6) parking for the veterinary facility is provided through the use of existing parking areas on the farm and curtilage surrounding existing buildings to the extent possible, except that additional on-site parking areas may be allowed, subject to approval by the SADC; (7) the location of the structure and parking area to be used for the veterinary facility shall not cause a significant and direct negative impact to any surrounding residential properties; and (8) the owner of the preserved farmland obtains all other permits, approvals, or authorizations that may be required by federal, State, or local law, rule, regulation, or ordinance.
Within 90 days after receipt of a complete application from the owner of preserved farmland, the SADC would be required to approve, approve with conditions, or disapprove the application. If the SADC is the grantee, defined in the bill as the holder of the development easement for the preserved farmland, the SADC, in its sole discretion, may issue an approval to the owner of the preserved farmland. If the SADC is not the grantee, the SADC shall consult with the grantee and consider any comments received from the grantee prior to issuing a decision on the application. If the SADC disapproves an application, it would be required to provide a written description of the reasoning for the disapproval and recommendations concerning the changes necessary to obtain approval.
The bill further provides that an owner of preserved farmland that receives an approval from the SADC pursuant to the bill may install and operate a roof mounted solar photovoltaic system on the structure in which the veterinary facility is located. Any power generated from the solar photovoltaic system would be required to be used to provide power or heat to the farm or to reduce energy costs on the preserved farmland.
The bill provides the SADC, applicable county board of agriculture, and the grantee, if applicable, with the authority to inspect during normal business hours, without advance notice, a preserved farm that has received approval pursuant to the bill in order to determine compliance with the provisions of this section. The SADC may suspend or revoke an approval issued pursuant to the bill for a significant violation of a term or condition of the approval or any provision of the bill. Prior to the suspension or revocation of an approval, the SADC would be required to provide written notice of the violation to the owner of the preserved farmland, and the owner would have 30 days to correct the violation.
The bill requires the SADC to adopt rules and regulations necessary for the implementation of the bill, including but not limited to, the process by which a landowner may apply for the approval required pursuant to this section, the establishment of reasonable application fees to pay for the cost of review of the application, and the identification of violations that may result in the suspension or revocation of an approval issued pursuant to the bill. In addition, the rules and regulations are to ensure that a veterinary facility approved pursuant to the bill does not: (1) significantly interfere with any agricultural deed restrictions for farmland preservation purposes on the preserved farmland; or (2) result in the use of preserved farmland for primarily non-agricultural or horticultural purposes.
New Jersey has long committed to preserving farmland, however New Jersey cannot rest on the success of land preservation. The State needs to do much more to preserve farming itself and take further action to preserve and enhance the State's agricultural industry. This bill recognizes that veterinary facilities engaging in the practice of veterinary medicine for livestock or equine animals, or both, are an essential agriculture support service, are compatible with the agricultural use of the land, and have a direct and positive impact on the State's agriculture industry by supplying a needed service to the surrounding agricultural community.
