Annual Report of the Somerset County Agriculture Development Board

Annual Report of the Somerset County Agriculture Development Board January 17, 2017 Presented By: Tara Kenyon, AICP/PP Principal Planner/ SCADB Administrator

History First farm preserved by the SCADB Baron Farm Branchburg Township (Preserved 1987) Authorization of the Farmland Preservation Program

Agriculture Retention and Development Act 1981 Framework for NJ s Farmland Preservation Program Established the SADC Established CADBs Defined Agriculture Development Areas (ADAs) Created Municipal PIG Program, Traditional Easement, State Direct Easement Program, and 8-Year Program Authorizing Legislation

Passed by referendum in 1998, 2003, 2007 and 2009 $2.7 Billion committed to permanent land preservation Farmland Preservation Open Space Preservation Development of Recreation Facilities Historic Preservation Independent authority managed by a 9-member Board 5 Citizen Members appointed by the Governor 4 Major Officers of the Governor s Cabinet Senate President Assembly Speaker Mission is to maintain taxpayers confidence that the funds they approved are used in a manner that is responsible, objective, balanced and efficient Funding through the Garden State Preservation Trust

On July 20, 2007, the SADC adopted new rules that amended the preservation programs at the County and Municipal levels Creation of County PIG replaced Traditional Easement Rolling application timelines Establishment of PIG Project Areas within ADAs at the County level Establishment of Target Farms, based on designated soil and tillable acres criteria Requirement of the Comprehensive Farmland Preservation Plan Requirement of Annual Applications for funding through the County and Municipal PIG Programs Cost-share = 60% SADC/40% County Municipal PIG was mirrored after the County PIG same requirements apply Cost-share = 60% SADC/20% County/20% Municipality Flipped SADC review procedures Greenlight Approval offered first, requiring that he application was reviewed in its entirety by all SADC prior to authorizing appraisals; reduced errors found at the end of the process Increased collaboration and planning efforts between Counties and Municipalities Allowed for greater leveraging in funding Competitive Funding created if a County or Municipality exhausts all PIG funding, a competitive funding pot was allocated, where all applications in that time period could compete for additional funding Changes to Authorizing Legislation

Public Question #2 was posed during the November 2014 election Constitutional amendment Established stable funding for the preservation and stewardship of open space, parks, farms, historic, and flood-prone areas Passed by 65% of NJ voters Approved dedication of the existing Corporate Business Tax 4% from July 1, 2015 July 1, 2019 6% for FY2020 and beyond Reduced but stable Inclusion of Blue Acres Changes to Funding - 2016

At the December 2016 SADC meeting, the following funding plan was proposed: County PIG = $32.5M ($1M to each County) Municipal PIG = $7.5M ($500K to each Municipality) Non-Profits = $2.9M SADC Direct Easement = $14.3M The Competitive Funding pot was increased to $20M all entities are eligible for competitive funding once their base grant is exceeded This request was forwarded to the Garden State Preservation Trust for approval, and then to the NJ State Legislature for adoption and allocation Allocation Plan

Grain Bins and Silo Everett Farm Hillsborough Township (Preserved 1994) Owned by Tom Everett, Founding Chairman of the SCADB SADC and the SCADB Organization and Mission of the lead agencies in farmland preservation

11 Member Committee 6 Citizens appointed by the Governor (4 must be actively engaged in farming; 2 represent the general public) 5 Ex-Officio Members NJ Secretary of Agriculture serves as the Chair Regular meetings are held on the fourth Thursday of every month at 9AM at the Health/Agriculture Building in Trenton leads in the preservation of New Jersey s farmland and promotes innovative approaches to maintaining the viability of agriculture (http://www.state.nj.us/agriculture/sadc/about/) Organization of the SADC

Established in 1983 7-member board: 4 farmer members 3 non-farmer members Meetings held on 3 rd Monday of each month at 8AM One Farm At A Time Somerset County Agriculture Development Board

Voting Members Mark W. Kirby, Chair W. Peter Staats, Vice-Chair Gail W. McKane, Secretary/Treasurer John A. Johnson Catherine Sorge Edward Seidel Staff (Somerset County Planning Division) Tara Kenyon, AICP/PP Anthony V. McCracken, AICP/PP Catherine Bunting Ex-Officio Members Nicholas Polanin, Agricultural Agent RCE Frank Calo, District Manager S/U SCD Kenneth Brenn, Vice-Chair Somerset County Planning Board Freeholder Liaison Peter S. Palmer, Somerset County Board of Chosen Freeholders SCADB Members

Preserve farmland in Somerset County in perpetuity for our future generations Work with existing preserved farmers to resolve stewardship matters, and assist in the implementation of these resolutions Assist in Right-to-Farm matters, and mediate where possible, so that residents and farmers can peacefully co-exist Advise the Somerset County Board of Chosen Freeholders on all agriculturally-related matters Review and comment, where applicable, on pertinent legislation relating to the agricultural industry or the New Jersey Farmland Preservation Program Disseminate information to farmers on pending legislation, Best Management Practices and new technology in the industry Educate the public on the importance of agriculture in Somerset County, and the necessity for not only preserving it, but enhancing and supporting this industry throughout the State of New Jersey Encourage healthy lifestyles by promoting locally-grown agricultural products to our residents Mission

Hay Bales Battin Farm Franklin Township (Preserved 1997) Farmland Preservation Statistics on preserved farmland throughout the County, and procedures for moving forward

8,381 acres preserved since 1983 107 farms enlisted in the Somerset County Farmland Preservation Program Over $78.5 Million invested by the SADC Over $33.5 Million invested by the County Over $18 Million invested by Municipalities 790.45 acres pending in 2016 12 PIG Project Areas in 10 ADAs across 8 participating municipalities 18,541 acres on farms targeted for preservation = Candidate Farms Quick Statistics Somerset County

Data Point Somerset County State of New Jersey Relationship Average Farm Size 82 79 +10.13% from State Average Acres of Total Cropland Market Value of Ag. Products Sold Average Age of Primary Operator 20,241 456,751 4.43% of State s Total Cropland $23,206,000 $739,015,000 3.14% of State s Total Market Value 60.9 years old 59.5 years old 1.4 Years Older Than State Average Of Note: 91 Primary Operators in Somerset County are women Somerset County ranks: #2 in Cattle and Calves #3 in Broilers and Meat-Type Chickens #4 in Hay 2012 Census of Agriculture

Agriculture Development Area (ADA) designates land that has the potential for long-term agricultural viability; preferred, but not exclusive, use Zoning must permit agriculture as a principal or non-conforming use Suburban/commercial development must be reasonably non-existent Land in an ADA cannot comprise more than 90% of the land mass of the County Initially established in 1983; re-examined and adopted in 2008 as part of the Comprehensive Farmland Preservation Plan 8 ADAs in Somerset County, comprising a total of 41,068 acres Agriculture Development Areas

PIG Project Areas further analysis of ADA; conforms to the boundaries of the ADA Must contain all Preserved Farms Avoids Sewer Service Areas to the extent possible Avoids land and zoning prime for development and expansion, to the extent possible 12 PIG Project Areas identified in the Comprehensive Farmland Preservation Plan All applicants for preservation must be located within an ADA and PIG Project Area PIG Project Areas

Candidate Farms parcel specific; meets SADC s minimum criteria for tillable acres and soil quality Farms less than 10 acres: 75% or 5 acres (whichever is less) soils capable of supporting agricultural production 75% or 5 acres (whichever is less) tillable Farms 10 acres or greater: 50% or 25 acres (whichever is less) soils capable of supporting agriculture 50% or 25 acres (whichever is less) tillable Somerset CADB has the additional size criteria of 25 acres or more for application under the County PIG 18,544 acres of Candidate Farms identified in the Comprehensive Farmland Preservation Plan Annual County PIG Application for FY2018 accounts for changes in Candidate Farms = 18,541 acres Candidate Farms

FY2018 Somerset County PIG Map

Application due to the SADC by December 15 th, annually Annual Application consists of Summary of all project area expenditures and projections in terms of cost and acreage Updated roster of CADB members and staff Updated or new policies of the CADB Proof of 90-day Notification to participating municipalities (due September 15 th each year) A Project Summary Sheet is required for each PIG Project Area demonstrates density, expenditures, costs, etc. Updated mapping of ADAs, Project Areas, Preserved Farms, Candidate Farms, Pending Projects, and Open Space Updated Candidate Farm List Once Annual Application is approved, the SADC will release the funding allocations Annual Application Process

Changes to the ADA and Project Areas can only be made once per year, outside of the Annual Application Official Amendment Process must be followed: Submittal of updated mapping and justification for change in boundaries Public Hearing and Adoption by the SCADB Approval by the SADC No changes to the ADA or Project Areas boundaries were proposed for FY2018 (submitted December 15, 2016) Changes to the ADA and Project Areas

Changes to the Candidate Farm List can be made once per year during the Annual Application period Additions can be added to the CFL with justification Deletions due to property development, preservation, or municipal request can be removed from the CFL Farms preserved under farmland preservation programs must be removed from the CFL and added to the Preserved Farm Inventory The following changes were added to the FY2018 Application (submitted December 15, 2016): Lobell Farm (Bedminster) moved from Candidate Farm List to Preserved Farm Inventory Ziebarth Farm (Bedminster) moved from Candidate Farm List to Preserved Farm List Chrin Farm (Franklin) added to Candidate Farm List Duke Farms Foundation (Hillsborough) moved from Candidate Farm List to Pending Preservation List Yablonsky Farm (Hillsborough) moved from Candidate Farm List to Preserved Farm Inventory Bindon Farm (Peapack-Gladstone) moved from Candidate Farm List to Pending Preservation List Changes to CFL FY2018

Lavender Plants Voorhees Farm Montgomery Township (Preserved 2009) Budget and Expenditures Allocations and Disbursements in 2016

Current dedicated tax rate for open space, farmland and historic sites is $0.030/$100 generates approximately $17,000,000.00, which is allocated between the three by the Somerset County Board of Chosen Freeholders Current balance for the purchase of easements on farmland = $4,308,788.86 CBT funding allocation is projected to be $1,000,000.00, with access to an additional $5,000,000.00 in competitive funding Current Balances and Funding Sources

Nearly 139.5 million dollars spent on farmland preservation in Somerset County since 1983 Over $78.5M SADC Over $8M Federal (NRCS) Over $33.5M County Over $18.5 Municipal Typical County cost-shares: County PIG = 40% Municipal PIG = 20% Non-Profit Application = 20% - 50% Federal Application = 50% or less Average current cost for an easement in Somerset County is approximately $16,673 per acre Quick Statistics

Year of Closing/ Projected Closing Farm Municipality Acres Total Easement County Share 2016 Lobell Bedminster 161.23 $5,867,000 $991,747 2016 Yablonsky Hillsborough 40.99 $539,600 $215,840 2016 Ziebarth Bedminster 25.61 $657,300.00 $0.00 2017 Bindon Bedminster 75.13 $1,904,326 $952,163 2017 Duke Farms Hillsborough 368.00 $3,660,300 $247,070.25 2016/2017 Villa Farm Peapack 26.00 $720,000 $360,000* TOTALS 696.96 $13,348,526 $2,766,820.25 = Closed in 2016 * = Projected Funding Expenditures (2015-2016)

Mare and Foal Foxx Farm Hillsborough Township (Preserved 1993) Right-to-Farm SCADB s Responsibilities in enforcing the New Jersey Right to Farm Act (NJSA 4:1C)

NJ Right to Farm Act (NJSA 4:1C-1 et seq) CADB serves on the front line Cases remanded from municipal court to the CADB when RTF is cited Farmer can file directly with the CADB for relief from undue and burdensome local regulations and ordinances Farmer can file a request for a Site Specific Agriculture Management Practice (SSAMP) to protect against violations in advance of the proposed activity Any person aggrieved by a farming operation can file with the CADB for a determination Role of the SCADB

In order to be eligible for protection under the NJ Right to Farm Act, the following criteria must be satisfied: Farm must meet the definition of Commercial Farm "Commercial farm" means (1) 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," P.L.1964, c.48 (C.54:4-23.1 et seq.), or (2) 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," P.L.1964, c.48 (C.54:4-23.1 et seq.), or (3) a farm management unit that is a beekeeping operation producing honey or other agricultural or horticultural apiary-related products, or providing crop pollination services, worth $10,000 or more annually. Farm must be operating an acceptable agricultural operation, as defined at NJSA 4:1C-9 Farm must be in compliance with all applicable State and Federal laws Eligibility for Right to Farm Protection

SADC has adopted 12 Agriculture Management Practices (AMPs) general industry standards www.state.nj.us/agriculture/sadc/rtfprogram/amps/adoptedamps/ SADC Agriculture Management Practices

Adopted in 2014 Provides opportunities for SSAMP for: Facilities Activities Events Created a wide umbrella for farm markets and agritourism Provided guidance previously unavailable to CADBs Lighting Signage Buffers Sanitary Facilities Parking On-Farm Direct Marketing AMP

Farm Municipality Type Reason Determination Ciufo Farm Branchburg RTF Complaint Complaints received from neighbors regarding storage of commercial vehicles SADC modified the decision of OAL on July 26, 2016 one truck afforded RTF protection Polnasek Farm Hillsborough SSAMP Response to complaints submitted to zoning officer regarding the use of mobile chicken houses for poultry (unsightliness and proximity to property boundaries) Golden Back Farms Montgomery OFDM-SSAMP Proposed facilities, activities and events related to Farmto-Table, CSA, and educational opportunities SCADB approved the use of mobile chicken houses for the poultry operation, in addition to the 100 boundary from the property lines (resolution dated August 18, 2016) Application rescinded by landowner on May 12, 2016 no decision made by SCADB New Right-to-Farm Cases and Decisions (2016)

Free and voluntary mediation program offered by the SADC in lieu of Right-to-Farm (www.nj.gov/agriculture/sadc/agmediation) Trained, impartial mediator helps disputing parties come to a mutually-agreeable solution Can be used by: Farmers, neighbors and municipalities (RTF) Famers and USDA agencies (USDA Program disputes) Farmers, lenders and creditors (Agricultural Credit disputes) Cost-effective Less timely Preservation of ongoing relationship between parties SCADB will work on a policy for 2017 that will stress the importance of Mediation prior to formal Right to Farm proceedings commencing Mediation

Stewardship Post-Preservation Matters Solar Panels at Great Road Farm (Preserved 1996) Montgomery Township

Deed of Easement Interpretation Agricultural Labor Units Division of Premises Residential Dwelling Site Opportunities (RDSO) Placement of Septic Systems Special Permits Wireless facilities Commercial non-agricultural uses Energy conservation measures What is reviewed by the SCADB?

Name Municipality Type Determination Warmke Hillsborough Replacement of existing house Patel Hillsborough Request for pond for agricultural uses and earth sheltered housing opportunity Approved at SCADB meeting of June 20, 2016 Referred to SADC for guidance in October 2016 original request appears to be allowable, but a full review of site plans and NRCS Conservation Plans would be needed prior to official approval Cherry Valley Cooperative Montgomery Request for yurts (temporary housing structures), interpretation of ancillary activities SCADB heard presentation on December 19, 2016; because requested yurts will be in exception area, landowners have been advised to work with the Montgomery Township Zoning Board New Stewardship Cases (2016)

With Intern assistance, and in cooperation with the Somerset County Business Partnership, 3 Somerset County farmers registered for and were approved to the New Jersey Sustainable Business Registry Dutch Hollow Farm Bridgewater/Bedminster Townships Great Road Farm Montgomery Township Bridgepoint Run Farm Montgomery Township Recognizes sustainable business practices being implemented Stormwater management Recycling/composting Fuel savings Erosion control Renewable energy/energy efficiency Measureable cost and energy/resource savings Provides registered businesses with use of logo, access to consulting hours, marketing materials, and advertising space on the New Jersey Sustainable Business Registry website and the Somerset County Business Partnership website Sustainable Practices

Pulled Herefords Staats Farm Bedminster/Bridgewater Townships (Preserved 2002) Monitoring Ensuring Compliance with the Deed of Easement

SCADB Staff notifies all preserved farm landowners of the dates of the onsite inspections All farmers/landowners are asked to fill out a questionnaire regarding any changes made in the past year to the land, structures, operation, etc. SCADB Staff and Board members perform site inspections on all preserved farms Inspections last approximately 2 weeks Last week of September first week of October to properly inspect agritourism operations Previous year s report, aerial maps and photos are compared with the current use of the property Procedure Annual Monitoring

Identical procedure to Annual Monitoring difference in number of farms inspected and frequency 20 farms were selected at random for Interim Monitoring These farms will not be selected again until all preserved farms have been monitored at Interim Monitoring once Allows for the remediation of potential violations before they become large Allows for added visibility and communication with farmers Procedure Interim Monitoring

Reporting is due annually on July 15 th to the SADC E-Monitoring Allows storage of previous year s information Easily updated Reports can be generated based on many different requests Use of tablet has allowed e-submission onsite In 2016, SADC reported that 90% of easement holders had submitted required documentation of monitoring across the State Reporting

Violations of the Deed of Easement are found through monitoring Including, but not limited too: Trash accumulation Unauthorized construction of structures Movement of soil without NRCS/SADC approval Using the land for an non-agricultural purpose When a violation is found by Staff, it is brought before the Board for consensus If it is determined that violation has been found: Landowner, Township and SADC is notified in writing Remediation requirements are clearly outlined Timeline for remediation is set SCADB Staff and Board members inspect the property to review progress and certify completion If a landowner is unwilling to remediate as requested, litigation may be required Violations

Name Municipality Type Determination Farm A Branchburg Importation of a large amount of soil onto preserved farmland; Agreement reached between SCADB and landowner through legal proceedings; Imported soil will be removed in accordance with an Soil Conservation District permit ONGOING Resolution expected in April 2017 Farm B Branchburg Disabled, non-agricultural vehicles being parked/stored on preserved farmland; Notice of Violation, dated November 28, 2016, sent to landowner; Landowner has arranged for removal of vehicles; Follow-up site inspection completed in early 2017 RESOLVED Farm C Branchburg Construction of space within an agricultural structure for non-agricultural uses; excavation of soil on preserved land for unapproved housing; Follow-up site inspection occurred on December 13, 2016, following information received by the SADC stating that violations were in place; Cease and Desist letter for soil movement will be sent by end of 2016; Notice of Violation to be sent in early 2017, pending guidance from SADC; ONGOING New Deed of Easement Violations (2016)

Name Municipality Type Determination Farm D Hillsborough Construction of structure for non-agricultural use on preserved farmland; Notice of Violation, dated November 21, 2016, sent to landowner; follow-up site inspection completed in early 2017 RESOLVED Farm E Hillsborough Second Violation for excessive trailers, nonagricultural vehicles being stored onsite, storing of non-agricultural materials and equipment; 2 nd Notice of Violation, dated November 18, 2016, sent to landowner; tenant farmer and landowner have made slow progress; Site inspection completed in February 2017 ONGOING Resolution expected by October 2017 New Deed of Easement Violations (2016) continued

Name Municipality Type Determination Farm F Hillsborough Leasing of small portion of preserved farmland for commercial uses (storing/parking of commercial trucks); Notice of Violation, dated November 28, 2016, sent to landowner; site inspection completed February 2017 RESOLVED Violations of Deeds of Easement represent the minority of preserved farm owners in Somerset County All potential Violations are presented after a site inspection is performed by staff, and only noticed after approval of the SCADB Remediating a Violation into conformance with the Deed of Easement is required to consider a Violation Resolved New Deed of Easement Violations (2016) continued

Christmas Trees Dower Christmas Tree Farm Peapack/Gladstone (Preserved 2010) Education and Outreach Promoting the industry of agriculture to all sectors of the public

A day to recognize and celebrate the abundance provided by agriculture Designated by the Agriculture Council of America Held in March of each year Founded in the beliefs that every American should: Understand how their food and fiber are produced Appreciate the role agriculture plays Value the role of agriculture in the economy Acknowledge and consider career opportunities in the agriculture, food and fiber industry SCADB began celebrating National Agriculture Month in 2012 In 2016, National Agriculture Day was designated as March 15, 2016 National Agriculture Month - 2016

Multigenerational, public art project (2016) Agriculture in Art gallery (month of March 2016) Roundtable discussion with the NJ Secretary of Agriculture (2016) Library displays at various branches of the Somerset County Library System (2013-2015) Right-to-Farm and Agritourism meeting for municipal officials and staff (2015) Reading and Art Project focused on potatoes for children at the Bound Brook Library (2015) Beekeeping presentation to seniors at the Franklin Senior Citizens Center (2015) Reading and Learning how to plant a seed for children at the Bound Brook Library (2014) Activities and Events

In 2016, the SCADB requested an Intern from the Raritan Scholars Program at Rutgers University Assisted with site inspections, entering data into monitoring reports, and compiling information on violation matters Additional work included creating a Right-to-Farm report that analyzed variations and inconsistencies between municipal ordinances and the New Jersey Right-To-Farm Act, updating the 2016 SCADB Annual Report, and preparing & giving a presentation to the SCADB regarding the results of 2016 Annual Easement Monitoring New Interns selected in 2017 to assist with and build upon the same tasks, plus provide assistance in planning National Agriculture Month Raritan Scholars Interns

2017 and Beyond Vision and Goals for the years ahead Silky Hen Young Farm Hillsborough Township (Preserved 2005)

Update of Farmland Preservation Plan (2008); Will be coordinated with the update of the Open Space Master Plan (2001) and creation of Historic Preservation Plan Better leveraging of funding Proper identification of parcel-specific preservation goals Focus on the importance of coordination of preservation efforts RfP process began in 4 th quarter of 2016 Eventual Plan adoption anticipated by mid-2018 Update of the Comprehensive Plan

10,000 acres anticipated at close of 2017 New preservation targets will be established in updated Comprehensive Plan Change in funding mechanism and allocation will affect preservation goals Coordination with Open Space and Historic Preservation sections will affect preservation goals and methodologies Preservation Goals

Higher volumes of Right-to-Farm complaints have led to higher legal fees, staff time, expert resources and appearances in court Moving forward, the SCADB has agreed to utilize the SADC s Mediation Program more effectively in an effort to reach a satisfactory solution earlier and more efficiently Drafting of Mediation Policy in early 2017 Outreach to educate municipal staff on Right-to-Farm, and the benefits of mediation planned for early 2017; use of SADC s Mediation Handbook RTF vs. Mediation

National Agriculture Day events planned: Annual meeting focused on educating municipal staff and elected officials on Right-to-Farm and Mediation Public Art project based on Food for Life theme Continued collaboration with Cultural and Heritage Commission Expansion of Monitoring Program: Continuation of Interim and Annual Monitoring Program Internship: Raritan Scholars Interns to provide 125 hours of assistance with monitoring, Right-to-Farm comparisons, and National Agriculture Month New Jersey Sustainable Business Registry: Register additional agricultural businesses into the Registry throughout 2017 Land Development Award in Sustainability through the Somerset County Planning Division in January 2017 Future Events and Outreach

For More Information on the SCADB or Farmland Preservation in Somerset County, Please Contact: Tara Kenyon, AICP/PP, Principal Planner Somerset County Planning Division P: 908.231.7021 E: Kenyon@co.somerset.nj.us Visit us on the web at: http://www.co.somerset.nj.us/government/public-works/planning/agriculturedevelopment-board or email us at: SCADB@co.somerset.nj.us