HOWELL – Township Manager Joe Clark and Director of Community Development and Land Use Officer Matt Howard met with local farmers to discuss new proposed rules that would regulate special events, such as birthday parties, weddings, and anniversary parties, being held at farms.
The meeting, attended by approximately 75 members of the local farming community, aimed to address the legal landscape around the local government’s role in farm activities and events.
Council members Fred Gasior and Evelyn O’Donnell, who will ultimately be called upon to approve any policy changes, attended the presentation but refrained from expressing their personal opinions or intervening in the discussion.
“We’re creating ordinances that would encompass those events that are already happening and make it okay to have, so they would fall within the scope of the ordinance and be permitted,” explained Clark. “So, the ordinance is giving people rights.”
Howard emphasized that as a township employee, he benefits from immunity against lawsuits brought against him unless they relate to willful negligence or criminal liability. Howard stressed his role as the municipality’s land use officer, highlighting his commitment to safeguarding the township and adhering to established procedures.
“As a zoning officer and land use officer, my focus should be on code enforcement issuing violations. However, I don’t want to take that route,” Howard stated. “I aim to establish an ordinance, providing a framework for you to conduct events, foster growth, and sustain your farms. Ignoring these events without proper approval or permission is not an option.”
One of the farmers voiced multiple objections to the concept of “living life with the sole purpose of avoiding lawsuits.” Howard emphasized that while he understood requests for flexibility, township officials are under an obligation to protect the municipality and ensure the wellbeing of community members.
At the close of last year, township officials aimed to enact local ordinances addressing special events held on farms within Howell. However, farmers raised concerns about the wording of the proposed ordinances, prompting officials to withdraw them for revisions and take into account feedback from the community’s agricultural landowners. Farmers planning special events must seek variances, a procedure that can cost valuable time and money.
Howell’s Right to Farm ordinance outlines the permitted use of equipment and procedures for agricultural production, granting farmers the right to work on weekends, holidays, and nights. However, the Right to Farm ordinance doesn’t extend to cover special events, milestone events, or various other activities, including car shows, landscape businesses, or flea markets.
Approvals Based On Size
Township officials have proposed a solution to streamline the process of seeking variances for special events on farms by introducing administrative approval for events meeting specific criteria. However, discussions during the meeting revealed extreme concerns regarding the limitations on the size of special events eligible for strict administrative approval.
As the land use officer, Howard said he would be able to issue a permit allowing special events up to 30 people that would require applicants to submit certain information. The special event permit would cost $85 per occurrence to cover the costs of code enforcement’s involvement in the process.
“You’re going to give me some information just like you would if you’re building a shed,” explained Howard. “Here, there’s more to it – you’re showing me what you’re doing for the bathrooms, what you’re doing with the food, where you’re parking people, what the hours of the events are, where you’re setting up music…and everything I need to know.”
The size restriction for administrative approval and the need to pay permits for every event became a source of unease for numerous local farmers. Ron Springer, proprietor of Bear Creek Herbary alongside his wife Susan, brought forth an alarming disclosure.
“I was one of the early people who thought 30 was going to be fine,” Springer revealed. “It was more out of desperation than anything because I think our farm won’t be there next year unless something good happens.”
“I think the 30 people with the fee and everything else you have to pay,” continued Springer. “And the time it takes to get the permit is going to end up being a wash. I think everyone agrees it would be nice if we could make a few bucks and not go overboard. I know it has to be reasonable; it has to be safe…but I think there’s a lot of need here.”
Theresa Reid, proprietor of Beyond Organic Growers, a preserved farm, expressed her disappointment with the 30-person threshold for administrative approval. She pointed out that in a previous meeting, Clark mentioned the possibility of adjusting the number slightly to allow events to be more financially viable. Reid emphasized the impracticality of hosting bridal showers or baby showers in today’s world with a limit of 30 people.
When Howard offered that one of the farmers appeared happy with the 30-person limitation, Betty Lou Velez-Gimbel, the owner of Squankum Brook Farm, countered the representation.
“They just want to get moving and have some type of income coming in,” she said. “They just want to make money and survive.”
Speaking about the decision-making process, Clark framed the number 30 as a baseline, indicating that it could evolve based on the experiences and observations gathered in the first year. The alternative was requiring everyone to go for site plan approval.
Another farmer said she didn’t have a year to wait to see if the number would be increased to 50. She didn’t have that time financially and needed the special events to pay the bills.
Clark suggested that farmers were welcome to submit reasons documenting the feasibility of increasing administrative approval for more than 30 individuals hosted at special events.
Farm Stands And Markets
According to officials, the current focus revolves around preserving the essence of farming while ensuring that these establishments align with community values. Two future ordinances consider farm stands and markets.
The township emphasizes the 51% rule for farm stands as part of this initiative. The proposed ordinance aims to fill a current gap in regulations, offering clear guidelines for farm stands operating within the township. If a farm stand sells 51% or more of products produced on the farm, it is deemed compliant with the ordinance, fostering a supportive environment for local farmers.
Similarly, the township is turning its attention to farm markets, aiming to distinguish them from flea markets and ensure their alignment with farming activities. Officials expressed appreciation for the concept of farmers’ markets, providing a platform for multiple local farmers to showcase and sell their produce and other farm-manufactured items. The proposed ordinance seeks to set boundaries, preventing the transformation of farm markets into unrelated commercial ventures.
Citing past instances where farm markets attracted non-farming participants like dog groomers, officials underscored the need for limitations and oversight to maintain the agricultural focus. The township aims to strike a balance, supporting local farmers while preventing potential conflicts with neighbors and maintaining the residential character of certain areas.
Different Levels Of Farms
Howard’s presentation included definitions he said were inspired by Upper Freehold’s ordinances, a community with a large farming area. Velez-Gimbel had questions about QFarm designations as described by Howard.
Velez-Gimbel highlighted the state regulation mandating a five-acre minimum for QFarm designation, noting that some existing QFarms occupy less than six acres, with a residentially taxed portion of the lot under one acre. Velez-Gimbel sought clarification on the potential impact of the ordinance on these current farms, questioning whether QFarm owners would now be required to designate a minimum of one acre of their total lot as residential.
Responding to Velez-Gimbel’s inquiry, Howard clarified that the ordinance did not alter the QFarm status itself, but rather aimed to establish conditional use standards for event eligibility. He explained that while one acre is typically allocated for residential use according to state tax assessment laws, existing Qfarms with smaller residential areas should not lose their status.
Farms that have not been designated as QFarms would also be considered bonafide farms and eligible for special events, provided they have more than $50,000 in farm goods revenue annually. QFarms are only required to have $1,500 in annual farm revenue.
Highlighting recent county developments, Howard revealed that, due to an influx of development applications, the county has now mandated that townships take precedence in the approval process. Farmers are required to exhaust administrative remedies through the township, obtaining site plan approval and variances before exploring county relief options.
The county’s stance aligns with a state law enacted last year, addressing preserved farms exclusively. While Howell Township boasts preserved farms, the law only applies to these specific cases. It does not extend to non-preserved farms or fall under the purview of the county Right to Farm regulations.
A key aspect of the law emphasizes an approval process for preserved farms seeking to host special events for up to 250 people. However, Howard said the state law does not diminish the township’s authority in the approval process. Site plan reviews and variance approvals at the local level remain integral components, as confirmed by Susan Payne, the director of the State Agriculture Development Committee (SADC).
Howard articulated several compelling reasons for township involvement, foremost among them being the need to uphold zoning precedents. Highlighting the analogous nature of farm events to other assembly use groups like banquet halls and community centers, Howard cautioned against setting precedents that could invite legal challenges. Allowing farm events without proper site plan approval could potentially undermine the township’s ability to regulate other assembly use groups, creating legal ambiguities and inequalities.
Moreover, Howard emphasized the importance of preserving the integrity of zoning regulations. Permitting farm events without stringent oversight could inadvertently open the floodgates to diverse commercial activities masquerading as farming endeavors. This could lead to conflicts with existing zoning ordinances and jeopardize the township’s legal standing in future disputes.
