Bill Text: NJ S1128 | 2010-2011 | Regular Session | Introduced
Bill Title: Establishes program for directing motorists to agricultural tourism establishments. *
Sponsorship: Partisan Bill (Democrat 1)
Status: (Engrossed - Dead) 2011-01-11 - Received in the Assembly without Reference, 2nd Reading [S1128 Detail]
Download: New_Jersey-2010-S1128-Introduced.html
Sponsored by:
Senator JEFF VAN DREW
District 1 (Cape May, Atlantic and Cumberland)
SYNOPSIS
Establishes program concerning motorist directional signs for agricultural tourism establishment locations.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning motorist directional signs for agricultural tourism establishment locations, and supplementing Title 27 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The Legislature hereby finds that agricultural establishments are an important sector of New Jersey's economy, although they are under economic pressures caused by the ever-increasing urbanization of the State. The very nature of agricultural establishments dictates that they frequently are found in areas not located on heavily traveled routes, with the result that the proprietors of agricultural establishments must rely on local residents as their primary customer base;
b. Tourism is another substantial sector of the State's economy, and tourists represent a largely untapped market for such establishments; and
c. The Legislature therefore declares that it shall be the public policy of this State that the State, together with counties and municipalities, participate in a program to expand the market for agricultural establishments to provide a means of assisting both tourists and others from out-of-state, as well as New Jersey residents, in identifying places where such establishments are located. To effectuate this program, it is desirable to establish a Statewide system, easily identifiable to all, that informs the public, out-of-state residents and New Jersey residents alike of agricultural tourism establishments, to achieve this purpose.
2. For the purposes of this act:
"Agricultural tourism" or "agri-tourism" means the offering of affordable, recreational, and educational activities and opportunities to learn about the production of food and agricultural products and the State's farming heritage while helping to encourage the preservation of agricultural lands. "Agricultural tourism" may include, but not be limited to, activities and opportunities such as hayrides, corn mazes, pick-your-own operations, farm markets, school tours, agricultural fairs, farm festivals, winery tours and horseback riding.
"Agricultural tourism establishment" or "agri-tourism establishment" means any business within this State that promotes agricultural tourism.
"Commissioner" means the Commissioner of Transportation.
"County board of agriculture" or "board" means a county board of agriculture established pursuant to R.S.4:14-1 et seq.
"Eligible agri-tourism establishment" means an agricultural tourism establishment meeting the standards set forth by the secretary pursuant to subsection b. of section 3 of this act.
"Eligible county" means a county meeting the standards established pursuant to subsection a. of section 4 of this act.
"Farm market" means a place where agricultural products produced by a commercial farm, defined in section 3 of P.L.1983, c.31 (C.4:1C-3), located in this State are sold.
"Participating agri-tourism establishment" means an eligible agricultural tourism establishment participating in a county plan established pursuant to subsection b. of section 4 of this act.
"Program" means the Agricultural Tourism Directional Sign Program, as established pursuant to section 3 of this act.
"Secretary" means the Secretary of Agriculture.
3. a. There is established an Agricultural Tourism Directional Sign Program, jointly administered by the Department of Transportation and the Department of Agriculture, for the purpose of assisting individuals in locating agricultural tourism establishments.
b. The secretary shall establish eligibility standards for agricultural tourism establishments participating in the program. These standards shall include, but not be limited to, a minimum number of days and hours of operation, a minimum percentage of agri-tourism products or services available for sale that must be provided by the seller, and sufficient accessibility regarding the location of the agri-tourism establishment in relation to other eligible and participating agri-tourism establishments. The standards may be established in consultation with the county boards of agriculture.
4. a. The program shall be implemented through the county boards of agriculture. The secretary, in consultation with the commissioner, shall establish eligibility standards for a county to participate in the program. The standards shall include, but need not be limited to, a minimum number of agri-tourism establishments located in the county eligible for participation in the program to ensure that the county plan is economically viable, the proximity of those eligible agri-tourism establishments in the county to interstate highways, primary roads, or other roads used by a sufficient number of motorists as a potential source of customers for the participating agri-tourism establishments, and any other matters that the secretary and commissioner deem pertinent.
b. A county board of agriculture in an eligible county shall, in accordance with the standards established pursuant to subsection a. of this section, develop a plan for the establishment of a program within the county upon the agreement by a sufficient number of eligible agri-tourism establishments to participate in the program. The plan shall specify the eligible agri-tourism establishments participating in the program, the nature of the agri-tourism products or services for sale at each participating agri-tourism establishment, the location of the participating agri-tourism establishments, the proposed sites for signs in accordance with standards established by the commissioner, and such other matters as may be required by the secretary and commissioner by rule or regulation. The secretary shall require each eligible agri-tourism establishment proposing to participate in the county plan to apply to the secretary for certification as a participating agri-tourism establishment, or the secretary may delegate such certification to the county board of agriculture. The county plan shall be submitted to the secretary for a determination as to its conformance with this act and the Department of Agriculture's rules and regulations. Upon the approval of the secretary, the plan shall be submitted to the commissioner for a determination as to the plan's conformance with federal law and the Department of Transportation's rules and regulations. Upon the plan's approval, the plan shall be implemented by the commissioner.
5. a. For the purposes of the program, the commissioner shall establish, in accordance with the approved county plan and in connection with the county board of agriculture establishing the program, a continuous sign path from an appropriate point or points, as determined by the commissioner, to a participating agri-tourism establishment.
b. Consistent with federal law, the commissioner shall create or cause to be created an agri-tourism directional sign, which shall be a generic sign incorporating a logo, to be used Statewide, which shall serve to direct motorists to participating eligible agri-tourism establishments. The sign shall conform with the current standards prescribed by the "Manual on Uniform Traffic Control Devices for Streets and Highways," prepared by the Federal Highway Administration in the United States Department of Transportation, as adopted by the commissioner. The commissioner shall also establish specifications for sign posts, the siting of the signs, and such other matters as the commissioner deems necessary. At the commissioner's option, and in consultation with the secretary, the commissioner may, at any time, also establish and make available additional types of generic signs denoting specific types of agri-tourism activities. Where appropriate, as determined by the commissioner, a sign may incorporate the word "Seasonal."
c. To the extent that the approval of a county, municipality or another public entity is required for the placement of a sign under the program established by the county board of agriculture, such approval shall not unreasonably be withheld.
6. a. The commissioner shall establish reasonable fees to be charged to participating agri-tourism establishments, through the county board of agriculture establishing the plan, for the fabrication, erection, and maintenance of signs used in the program. The fees shall be collected by the boards from participating agri-tourism establishments, and a board may charge an additional, reasonable fee for its services in establishing and maintaining the program. The boards, at their option, may participate in defraying the cost of signs used in the program.
b. The secretary and the commissioner may require that the county boards of agriculture or the participating agri-tourism establishments, or both, sign a written agreement with the State evidencing participation in the program and setting forth the terms and conditions thereof.
c. The secretary may require such record keeping by the boards or by participating agri-tourism establishments as the secretary may deem necessary to determine the effectiveness of the program in directing motorists to, and enhancing the business of, the agri-tourism establishments participating in the program.
7. The commissioner and the secretary, jointly and severally, may adopt such rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as may be necessary to effectuate the purposes of this act.
8. This act shall take effect immediately.
STATEMENT
This bill establishes an "Agricultural Tourism Directional Sign Program," jointly administered by the Department of Transportation and the Department of Agriculture, for the purpose of assisting motorists in locating agricultural tourism establishments. "Agricultural tourism" or "agri-tourism" is defined in the bill as the offering of affordable, recreational and educational activities and opportunities to learn about the production of food and agricultural products and the State's farming heritage while helping to encourage the preservation of agricultural lands.
Under the provisions of the bill, the Secretary of Agriculture ("secretary") is to establish eligibility standards for agri-tourism establishments participating in the program. The standards may be established in consultation with the county boards of agriculture.
The program is to be implemented through the county boards of agriculture. The secretary, in consultation with the Commissioner of Transportation ("commissioner"), is to establish eligibility standards for a county to participate in the program.
A county board of agriculture in an eligible county shall, upon the agreement by a sufficient number of eligible agri-tourism establishments to participate in the program, develop a plan for the establishment of a program within the county. The plan is to specify the eligible agri-tourism establishments participating in the program, the nature of the products or services for sale, the location of the participating agri-tourism establishments, the proposed sites for signs in accordance with standards established by the commissioner, and such other matters as may be required by the secretary and commissioner by rule or regulation. The secretary shall require each agri-tourism establishment proposing to participate in the county plan to apply to the secretary for certification as a participating agri-tourism establishment, or the secretary may delegate such certification to the county board of agriculture.
For the purposes of the program, the commissioner is to establish, in accordance with the approved county plan and in connection with the county board of agriculture establishing the program, a continuous sign path from an appropriate point or points, as determined by the commissioner, to a participating agri-tourism establishment. Where appropriate, a sign may incorporate the word "Seasonal."
Consistent with federal law, the commissioner is to create an agri-tourism directional sign, which is to be a generic sign incorporating a logo, to be used Statewide, which is to direct motorists to participating eligible agri-tourism establishments approved by the secretary. The commissioner is also to establish specifications for sign posts, the siting of the signs, and such other matters as the commissioner deems necessary. At the commissioner's option, and in consultation with the secretary, the commissioner may, at any time, also establish and make available additional types of generic signs denoting specific types of agri-tourism establishments. To the extent that the approval of a county, municipality or another public entity is required for the placement of a sign under the program established by the county board of agriculture, such approval is not to be unreasonably withheld.
The commissioner is to
establish reasonable fees to be charged to participating agri-tourism
establishments, through the county board of agriculture establishing the plan,
for the fabrication, erection, and maintenance of signs used in the program.
The fees are to be collected by the boards from participating agri-tourism
establishments, and a board may charge an additional, reasonable fee for its
services in establishing and maintaining the program. The boards, at their
option, may participate in defraying the cost of signs used in the program.
The secretary and the commissioner may require that the county boards of
agriculture or the participating agri-tourism establishments, or both, sign a
written agreement with the State evidencing participation in the program and
setting forth the terms and conditions thereof. The secretary may require such
record keeping by the boards or by participating agri-tourism establishments as
the secretary may deem necessary to determine the effectiveness of the program
in directing motorists to,
and enhancing the business of, the agri-tourism establishments participating in
the program.
