Bill Text: NJ S936 | 2012-2013 | Regular Session | Introduced
Bill Title: Establishes program for directing motorists to agricultural tourism establishments.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2012-01-17 - Introduced in the Senate, Referred to Senate Economic Growth Committee [S936 Detail]
Download: New_Jersey-2012-S936-Introduced.html
Sponsored by:
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Establishes program for directing motorists to agricultural tourism establishments.
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. The Legislature finds and declares that agriculture is an important sector of New Jersey's economy, although farmers are under ever-increasing economic pressures caused by the ever-increasing urbanization of the State; that the essential operations of agricultural establishments dictate that they are frequently found in areas away from heavily traveled routes, with the result that the proprietors thereof must rely on local residents as their primary customer base; that tourism is another substantial sector of the State's economy; that tourists represent a largely untapped market for agricultural establishments; and that, to more fully tap the tourism market, signs are needed to identify agri-tourism locations for the drive-by, occasional, or serendipitous visitor.
The Legislature therefore determines that it is important to establish as the public policy of this State that the State, counties, and municipalities work together to support agri-tourism by expanding the markets for agricultural establishments through assistance in identifying places where agricultural establishments are located; that an important part of this public policy is to establish a Statewide system of signs, easily identifiable to all, that informs out-of-State residents and New Jersey residents alike of the location of agricultural tourism establishments; that this system is best implemented by requiring the Department of Transportation in direct partnership with the Department of Agriculture to develop and establish an agri-tourism sign program; and that the State allow the agri-tourism sign program to be implemented on the county and community level, with the cooperation and involvement of the county agriculture boards, county agriculture development boards, and county planning boards, through county and individual sign plans.
2. For the purposes of this act:
"Agricultural tourism" or "agri-tourism" means 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 need 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 agricultural sign plan" or "county plan" means a written document developed pursuant to this act and adopted by a county planning board for the implementation in the county of the Agricultural Tourism Directional Sign Program established by section 3 of this act.
"County agriculture development board" means a board established pursuant to section 7 of P.L.1983, c.32 (C.4:1C-14).
"County board of agriculture" means a county board of agriculture established pursuant to R.S.4:14-1 et seq.
"County planning board" means the county planning board as defined in section 1 of P.L.1968, c.285 (C.40:27-6.1).
"Eligible agri-tourism establishment" means an agricultural tourism establishment meeting the standards set forth by the Secretary of Agriculture pursuant to section 4 of this act.
"Farm market" means a place where agricultural products produced by a commercial farm, as defined in section 3 of P.L.1983, c.31 (C.4:1C-3), are sold.
"Individual agricultural sign plan" or "individual plan" means a written document developed pursuant to this act and adopted by a county planning board for implementation of the Agricultural Tourism Directional Sign Program, established by section 3 of this act, for an individual eligible agri-tourism establishment in a county where a county plan has not been adopted.
"Participating agri-tourism establishment" means an eligible agricultural tourism establishment certified for participation in a county plan pursuant to section 6 of this act, or certified for participation in an individual plan pursuant to section 7 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. Notwithstanding any other provisions of Title 27 of the Revised Statutes, or any rule or regulation adopted pursuant thereto, to the contrary, there is established an Agricultural Tourism Directional Sign Program, jointly administered by the Department of Transportation and the Department of Agriculture, and implemented by the Department of Transportation in cooperation with county agriculture development boards, county boards of agriculture, and county planning boards, for the purpose of promoting agri-tourism by assisting motorists and other individuals in locating agricultural tourism establishments. The program shall be implemented pursuant to sections 4 through 9 of this act.
4. a. The Secretary of Agriculture shall establish eligibility standards for agricultural tourism establishments and eligibility standards for counties to participate in the Agricultural Tourism Directional Sign Program established pursuant to section 3 of this act.
b. The eligibility standards for agricultural tourism establishments shall include, but need 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.
c. The eligibility standards for counties shall include, but need not be limited to:
(1) an adopted county agricultural sign plan in the county, the economical viability of which is evidenced by the proximity of eligible agri-tourism establishments in the county to interstate highways, primary roads, or other roads used by a sufficient number of motorists to be a potential source of customers for the participating agri-tourism establishments;
(2) a minimum number of agri-tourism establishments with individual agricultural sign plans, as determined by the secretary, located in the county and in proximity to interstate highways, primary roads, or other roads used by a sufficient number of motorists to be a potential source of customers for the participating agri-tourism establishments; and
(3) any other criteria that the secretary, in consultation with the Commissioner of Transportation, determines to be pertinent.
d. The secretary may require county agriculture development boards, county boards of agriculture, county planning boards, or participating agri-tourism establishments to keep whatever records the secretary determines are necessary for the effectiveness of the program and the enhancement of the business of the agri-tourism establishments participating in the program.
e. The secretary, in consultation and cooperation with the commissioner, may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as may be necessary to implement the purposes of this act.
5. a. The Commissioner of Transportation, in consultation with the Secretary of Agriculture, shall establish agri-tourism directional signs and specifications for implementation, in accordance with sections 6, 7, and 8 of this act, of the Agricultural Tourism Directional Sign Program established pursuant to section 3 of this act.
b. The commissioner shall create a generic agri-tourism directional sign, incorporating a logo, to be used Statewide as a direction to motorists of the locations of participating eligible agri-tourism establishments. The commissioner shall also establish sign specifications for modifying the generic sign to denote specific types of agri-tourism activities or identify specific agricultural establishments. Furthermore, the commissioner shall establish specifications for sign posts, the placement of the signs, and other requirements the commissioner determines to be necessary. As appropriate, as determined by the commissioner in consultation with the secretary, provisions may be made for seasonal identification of agri-tourism establishments.
c. Any sign created or required pursuant to this section shall be consistent with federal law and conform with the 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.
d. The commissioner, in consultation with the secretary, shall establish reasonable fees to be charged to participating agri-tourism establishments for the fabrication, erection, and maintenance of signs used in the program. The fees established by the commissioner shall be collected by the county agriculture development board, county board of agriculture, or county planning board, and any of those boards may charge an additional, reasonable fee for its services in establishing and maintaining the program. Any county agriculture development board, county board of agriculture, or county planning board may also, at its option, participate in defraying the cost of signs used in the program.
e. The commissioner, in consultation and cooperation with the secretary, may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as may be necessary to implement the purposes of this act.
6. a. A county agriculture development board, in consultation with the county board of agriculture may, in accordance with the standards established pursuant to section 4 of this act, develop a county agricultural sign 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.
b. The county agriculture development board shall establish an application process for any eligible agri-tourism establishment interested in participating in a county plan to apply for certification as a participating agri-tourism establishment, and shall certify accepted applicants as participating agri-tourism establishments.
c. Upon certification of a participating agri-tourism establishment, the county agriculture development board shall notify the appropriate agri-tourism establishment and shall include the certified participating agri-tourism establishment, its location, and any other information required by the Department of Transportation in the county plan. If certification is denied to an applicant, the decision of the county agriculture development board may be appealed to the Department of Agriculture, which shall have final authority concerning eligibility and certification of agri-tourism establishments as participating agri-tourism establishments.
d. The county plan shall specify the eligible agri-tourism establishments that have been certified to participate in the program, the types of agri-tourism products or services for sale at each of the participating agri-tourism establishments, the location of the proposed participating agri-tourism establishments, the proposed sites for signs in accordance with standards established by the commissioner and secretary, and any other requirements established pursuant to this act or any rules or regulations adopted pursuant thereto.
e. If a county plan is developed pursuant to subsection a. of this section, the county agriculture development board, in consultation with the county board of agriculture, shall submit its plan to the county planning board for approval. The county planning board shall review the submitted county plan and, after consulting with the county engineer's office, the county agriculture development board and the county board of agriculture, shall adopt it within 60 days after receipt. If the county planning board requires any revisions to the county plan for it to be adopted, the county planning board shall negotiate and resolve deficiencies in the plan with the county engineer's office, the county agriculture development board, and the county board of agriculture prior to the lapsing of the 60 days.
f. Upon the county planning board adoption of the county plan, the county planning board shall submit the adopted county plan to the Secretary of Agriculture for approval and a determination on its conformance with this act and Department of Agriculture rules and regulations adopted pursuant thereto. Upon determining that the county plan is in conformance with this act and the department rules and regulations adopted pursuant thereto, the Secretary of Agriculture shall approve the plan and notify the county planning board of its approval, with any revisions to the plan required for the approval, if any.
g. Upon receipt of the approval by the Secretary of Agriculture, the county planning board shall submit the approved, adopted county plan to the Commissioner of Transportation for a determination on the plan's conformance with this act, Department of Transportation rules and regulations adopted pursuant thereto, and federal transportation law concerning signs. Upon determining that the county plan is in conformance with this act, the department rules and regulations adopted pursuant thereto, and federal law, the Commissioner of Transportation shall approve the plan.
h. If the secretary or the commissioner require any revisions to the county plan to provide these approvals or conformance determinations, the secretary or the commissioner, as applicable, shall make these revisions to the county plan and issue the approval and conformance determination for the revised county plan as expeditiously as possible after the receipt and review of the adopted county plan.
i. Upon granting of the approvals and determinations required pursuant to subsections f. and g. of this section, the Commissioner of Transportation shall notify the county planning board thereof and implement the county plan in accordance with section 8 of this act. The county planning board shall provide notice of final approval to the county agriculture development board, and that board shall provide public notice of the approval of the county plan and the opportunity for eligible agri-tourism establishments to participate in the program.
7. a. An eligible agri-tourism establishment in a county where no county agricultural sign plan is being developed pursuant to subsection a. of section 6 of this act, may participate in the Agricultural Tourism Directional Sign Program by submitting a request to a county agriculture development board for individual inclusion in the program. The county agriculture development board, in consultation with the county board of agriculture, shall develop an individual agricultural sign plan, pursuant to subsection b. of this section, and submit any individual plans for eligible agri-tourism establishments in the county to the county planning board.
b. An individual agricultural sign plan shall specify the eligible agri-tourism establishment wishing to participate in the program, the types of agri-tourism products or services for sale at the establishment, the location of the establishment, the proposed sites for signs in accordance with standards established by the commissioner and secretary, and any other requirements established pursuant to this act or any rules or regulations adopted pursuant thereto.
c. The county planning board shall review each submitted individual plan and, after consulting with the county engineer's office, the county agriculture development board, and the county board of agriculture, adopt the individual plan within 60 days after receipt. If the county planning board requires any revisions to the individual plan for it to be adopted, the county planning board shall negotiate and resolve deficiencies in the plan with the county engineer's office, the county agriculture development board, and the county board of agriculture prior to the lapsing of the 60 days.
d. Upon the county planning board's adoption of the individual plan, the county planning board shall submit the adopted individual plan to the Secretary of Agriculture for approval and a determination on its conformance with this act and Department of Agriculture rules and regulations adopted pursuant thereto. Upon determining that the individual plan is in conformance with this act and the department rules and regulations adopted pursuant thereto, the Secretary of Agriculture shall approve the plan and notify the county planning board of its approval, with any revisions to the plan required for the approval, if any.
e. Upon receipt of the approval by the Secretary of Agriculture, the county planning board shall submit the approved, adopted individual plan to the Commissioner of Transportation for a determination on the plan's conformance with this act, Department of Transportation rules and regulations adopted pursuant thereto, and federal transportation law concerning signs. Upon determining that the individual plan is in conformance with this act, the department rules and regulations adopted pursuant thereto, and federal law, the Commissioner of Transportation shall approve the plan.
f. If the secretary or the commissioner require any revisions to the individual plan to provide these approvals or conformance determinations, the secretary or the commissioner, as applicable, shall make these revisions to the individual plan and issue the approval and conformance determination for the revised individual plan as expeditiously as possible after the receipt and review of the adopted individual plan.
g. Upon granting of the approvals and determinations required pursuant to subsections d. and e. of this section, the Commissioner of Transportation shall notify the county planning board thereof and implement the individual plan in accordance with section 8 of this act. The county planning board shall provide notice of final approval to the county agriculture development board, and that board shall certify the appropriate individual eligible agri-tourism establishments as participating agri-tourism establishments, and notify them of the certification and the adoption, approval, and implementation of the applicable individual plan.
8. a. Upon final approval of a county plan pursuant to section 6 of this act, or of an individual plan in a county pursuant to section 7 of this act, the Commissioner of Transportation shall implement the county or individual plan by establishing a continuous sign path between appropriate points in a county, as determined by the commissioner, identifying the locations of the certified participating eligible agri-tourism establishments and appropriately direct motorists to these locations.
b. The Department of Transportation shall erect the signs pursuant to subsection a. of this section, in cooperation with the county agriculture development board, county board of agriculture, county planning board, and participating agri-tourism establishments, in accordance with any requirements of this act, any rules and regulations adopted pursuant thereto, and county planning and transportation officials.
c. For the purposes of implementing this act, no approval by a county, municipality or other public entity required for the placement of a sign under the program shall be unreasonably withheld.
9. a. The Secretary of Agriculture, the Commissioner of Transportation, or both, may require county agriculture development boards, county boards of agriculture, county planning boards, and participating agri-tourism establishments, to sign a written agreement with the State evidencing participation in the program and setting forth the terms and conditions thereof.
b. Each county agriculture development board, in consultation with the county board of agriculture or the agri-tourism establishments in the county, shall annually make recommendations to the county planning board regarding updates to the county agricultural sign plan or individual agricultural sign plans, including, but not limited to:
(1) adding or removing participating agri-tourism establishments;
(2) locations and specifications for new signs for newly participating agri-tourism establishments; and
(3) any other revisions determined to be necessary or appropriate.
c. The county planning board shall review the annual recommendations and, after consulting with the county engineer's office, county agriculture development board, and county board of agriculture, adopt the recommendations within 60 days after receipt. If the county planning board requires any revisions for the recommendations to be adopted, the county planning board shall negotiate and resolve deficiencies in the plan with the county engineer's office, the county agriculture development board, and the county board of agriculture prior to the lapsing of the 60 days. The county planning board shall forward the final county approved revisions to the Department of Agriculture and the Department of Transportation, and after incorporating any required revisions from either department, or both departments, as applicable, the Department of Transportation shall implement the revisions as appropriate or necessary within 60 days after receipt of the final county approved revisions.
10. This act shall take effect immediately.
STATEMENT
The 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 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. It can include 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.
Under the provisions of the bill, the Secretary of Agriculture would establish eligibility standards for agri-tourism establishments and counties participating in the program. The Department of Transportation would establish sign specifications for the program and would implement plans for the coordination and placement of the signs, with the cooperation and approval of the county agriculture development boards, county boards of agriculture, county planning boards, and the Department of Agriculture.
Agri-tourism establishments interested in participating in the program could do so in one of two ways: 1) through the approval and implementation of a county agricultural sign plan (section 6 of the bill); or 2) through the approval and implementation of an individual agricultural sign plan (section 7 of the bill).
Under the bill, county agriculture development boards, in consultation with the county boards of agriculture, may develop county plans for implementing the program within the county, after a sufficient number of eligible agri-tourism establishments have agreed to participate in the program. Each agri-tourism establishment proposing to participate in the program is required to apply and be certified as a participating agri-tourism establishment in order to be included in the county plan. In a county where no county plan is being developed, an eligible agri-tourism establishment may request individual consideration by the county agriculture development board and approval and implementation of an individual agricultural sign plan. The bill provides that county agriculture development board certification decisions may be appealed to the Department of Agriculture, and establishes the Department of Agriculture as the final authority concerning eligibility and certification of agri-tourism establishments.
Under the bill, county plans or individual plans are submitted to county planning boards for review and approval within 60 days. In addition to the county review, the Department of Agriculture and the Department of Transportation also review, and if necessary revise, and approve the plans. Upon final approval, the Department of Transportation would implement the plan by establishing a sign route in cooperation with county planning and transportation officials.
The bill requires the county plan to specify the eligible agri-tourism establishments participating in the program, 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 other requirements of the Secretary of Agriculture or Commissioner of Transportation. The individual agricultural sign plan is required to specify the eligible agri-tourism establishment wishing to participate in the program, the types of agri-tourism products or services for sale at the establishment, the location of the establishment, the proposed sites for signs in accordance with standards established by the commissioner and secretary, and any other requirements established under the bill or rules or regulations.
The bill further directs the Commissioner of Transportation to establish: 1) consistent with federal law, an agri-tourism directional sign incorporating a Statewide logo for agri-tourism, other generic signs, and the specifications for the posting and siting of signs, and 2) in accordance with the approved county plan or individual plans, a continuous sign path for locating participating agri-tourism establishments in the county. The bill prohibits the unreasonable withholding of county, municipal or other public entity approval required for the placement of a sign under the program. The bill authorizes the Commissioner of Transportation to establish, and the county boards to collect, reasonable fees for making, erecting, and maintaining the signs used in the program. The county boards may charge an additional, reasonable fee for their services and, at their option, may defray the cost of signs used in the program.
The bill also authorizes the Secretary of Agriculture to require record keeping as the secretary may determine is necessary for the effectiveness of the program and enhancing agri-tourism. The bill further authorizes the Secretary of Agriculture, the Commissioner of Transportation, or both, to require signed agreements from county agriculture development boards, county boards of agriculture, county planning boards, participating agri-tourism establishments, or any or all of these entities, as conditions of participation in the program established pursuant to the bill.
Finally, the bill provides a process for updating the county plan, implementing additional individual plans, and revising the implementation of the program in a county.
