[HISTORY: Adopted by the Township Committee
of the Township of Elk as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-2-2008 by Ord. No. O-2008-9]
It is the purpose of this article to establish
as a policy of this Township the protection of commercial farm operations
and the benefits of the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.,
as subsequently amended, against nuisance action, when recognized
methods and techniques of agricultural production are implemented.
Moreover, retention of agricultural activities would serve the best
interests of the residents of the Township of Elk by ensuring the
numerous social, economic and environmental benefits which accrue
from agricultural activity.
As used in this article, the following words
shall have the following meanings:
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,
N.J.S.A. 54:4-23.1 et seq.; or
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, N.J.S.A. 54:4-23.1 et seq.
A parcel or parcels of land, whether contiguous or noncontiguous,
together with agricultural or horticultural buildings, structures
and facilities, producing agricultural or horticultural products and
operated as a single enterprise.
A facility used for the wholesale or retail marketing of
the agricultural output of a commercial farm, and products that contribute
to farm income, except that if a farm market is used for retail marketing,
at least 51% of the annual gross sales of the retail farm market shall
be generated from sales of agricultural output of the commercial farm,
at least 51% of the annual gross sales of the retail farm market shall
be generated from sales of agricultural output of the commercial farm,
or at least 51% of the sales area shall be devoted to the sale of
the agricultural output of the commercial farm, and except that if
a retail farm market is located on land less than five acres in area,
the land on which the farm market is located shall produce annually
agricultural or horticultural products worth at least $2,500.
A direct marketing alternative wherein retail or wholesale
customers are invited onto a commercial farm in order to harvest agricultural,
floricultural or horticultural products.
A.
The right to farm is hereby recognized to exist in
this Township and is hereby declared a permitted use in all zones
of this Township. This right to farm includes, but not by way of limitation:
(1)
Production of agricultural and horticultural crops,
trees, apiary and forest products, livestock, poultry and other commodities
as described in the Standard Industrial Classification for agriculture,
forestry, fishing and trapping.
(2)
Housing and employment of necessary farm laborers.
(3)
Erection of essential agricultural buildings, including
those dedicated to the processing and packaging of the output of the
commercial farm and ancillary to agricultural and horticultural production.
(4)
The grazing of animals and use of range for fowl.
(5)
Construction of fences.
(6)
The operation and transportation of large, slow-moving
equipment over roads within the Township.
(7)
Control of pests, including but not limited to insects
and weeds, predators and diseases of plants and animals.
(8)
Conduction of agriculture-related educational and
farm-based recreational activities, provided that the activities are
related to marketing the agricultural or horticultural output of the
commercial farm and permission of the farm owner and lessee is obtained.
(9)
Use of any and all equipment, including but not limited
to irrigation pumps and equipment, aerial and ground seeding and spraying,
tractors, harvest aides, and bird control devices.
(10)
The processing and packaging of the agricultural output
of the commercial farm.
(11)
The operation of a farm market with attendant signage,
including the construction of building and parking areas in conformance
with Township standards.
(12)
The operation of a pick-your-own operation with attendant
signage.
(13)
Replenishment of soil nutrients and improvement of
soil tilth.
(14)
Clearing of woodlands using open burning and other
techniques, installation and maintenance of vegetative and terrain
alterations and other physical facilities for water and soil conservation
and surface water control in wetland areas.
(15)
On-site disposal of organic agricultural wastes.
(16)
The application of manure and chemical fertilizers,
insecticides and herbicides.
(17)
Installation of wells, ponds and other water resources
for agricultural purposes such as irrigation, sanitation and marketing
preparation.
B.
Commercial farm operators may engage in any other
agricultural activity as determined by the State Agriculture Development
Committee and adopted by rule or regulation pursuant to the provisions
of the Administrative Procedure Act, P.L. 1968, c. 410 (N.J.S.A. 52:14B-1
et seq.).
Commercial farm operators are strongly advised
to adhere to generally accepted agricultural management practices
that have been:
A.
Promulgated as rules by the State Agriculture Development
Committee;
B.
Recommended as site-specific agricultural management
practices by the County Agriculture Development Board;
C.
Approved by the local soil conservation district in
the form of a farm conservation plan that is prepared in conformance
with the United States Department of Agriculture, Natural Resources
Conservation Service (NRCS) Field Office Technical Guide (FOTG), revised
April 20, 1998, as amended and supplemented; or
D.
Recommended by the Rutgers Agricultural Experiment
Station.
The foregoing activities must be in conformance
with applicable federal and state law.
The foregoing practices and activities may occur
on holidays, weekdays and weekends by day or night and shall include
the attendant or incidental noise, odors, dust and fumes associated
with these practices.
It is hereby determined that whatever nuisance
may be caused to others by these foregoing uses and activities is
more than offset by the benefits of farming to the neighborhood community
and society in general.
Any person aggrieved by the operation of a commercial
farm shall file a complaint with the applicable County Agriculture
Development Board, or the State Agriculture Development Committee
in counties where no county board exists, prior to filing an action
in court.
To help parties resolve conflicts involving
the operation of commercial farms, the State Agriculture Development
Committee has also established an Agricultural Mediation Program.
Mediation is a voluntary process in which a trained, impartial mediator
helps disputing parties examine their mutual problems, identify and
consider options, and determine if they can agree on a solution. A
mediator has no decisionmaking authority. Successful mediation is
based on the voluntary cooperation and participation of all the parties.
A building permit shall not be issued until
a grading plan has been reviewed and approved by the Township Engineer
in accordance with the provisions of this subsection.[1] Expressly excluded from the requirements set forth herein
is for any building, accessory structure and/or addition to existing
building or structure located on any farm that satisfies the eligibility
criteria for differential property taxation pursuant to the Farmland
Assessment Act, N.J.S.A. 54:4-23.1 et seq. Prior to the issuance of
a building permit, the Township Engineer will issue a written opinion
to the Township Committee indicating that the proposed farm building,
accessory structure and/or addition to existing building or structure
does not encroach upon any existing setback requirements and/or is
not detrimental to the public welfare. The applicant shall pay an
escrow fee of $250 for the engineer's review and inspection for the
initial site inspection. The fee for the initial review and inspection
shall not exceed $250 to the applicant, unless subsequent site inspections
are required.
