[HISTORY: Adopted by the Township Committee of the Township
of White 8-8-1997 (Ch. 65, Art. I, of the 1977 Code). Amendments noted where applicable.]
The purpose of this chapter in keeping with the policy of the
New Jersey Legislature, as expressed in the Right to Farm Act, N.J.S.A.
4:1C-1 et seq., is to conserve, protect and encourage the development
and improvement of agricultural lands within the Township for the
production of food and other agricultural products and the preservation
of open space and to protect and encourage the viability of the agricultural
industry by establishing a positive agricultural business climate
in order to promote agricultural production to serve the interests
of all citizens of White Township. It is the purpose of this chapter
to help reduce the loss of agricultural land in White Township by
protecting commercial farms operated in accordance with acceptable
methods and techniques of agricultural production from nuisance actions,
while at the same time acknowledging the need to provide a proper
balance among the varied and sometimes conflicting interests of all
lawful activities in the State of New Jersey.
As used in this chapter, the following terms shall have the
meanings indicated:
Agricultural management practices recommended or endorsed
by the State Agricultural Development Committee and all relevant federal
or state statutes or rules and regulations adopted pursuant thereto.
Any operation producing, with the exception of sale, agricultural
or horticultural products worth $500 or more annually and which meet
the eligibility requirements for differential property taxation pursuant
to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.
Any private action which unreasonably interferes with the
comfortable enjoyment of another's property, which may be enjoined
or abated, and for which the injured or affected property owner may
recover damages.
A.
In all relevant actions filed subsequent to the adoption of this
chapter, it shall be presumed that a commercial farm or agricultural
use, structure or activity in connection therewith which is conducted
or located within White Township and which conforms to acceptable
agricultural management practices and which does not pose a direct
threat to public health and safety shall not constitute a public or
private nuisance, nor shall any such use, activity, or structure be
deemed to otherwise invade or interfere with the use and enjoyment
of any other land or property or pose an unusual or unreasonable threat
to persons.
B.
Any agricultural use or common farmsite activity which conforms to
acceptable agricultural management practices, when reasonable and
necessary for the operation of the commercial farm, may occur on holidays,
Sundays and weekdays, at night and in the day, subject to the restrictions
and regulations of the Township's Zoning Ordinance,[1] state and Township health and sanitary codes and state
and federal environmental regulations.
C.
Agricultural uses and common farmsite activities specifically protected
by this chapter include but are not limited to production, harvesting,
storage, grading, packaging and processing of farm products; wholesale
and retail marketing of crops, plants, animals and other related commodities;
the use and applications of techniques and methods of soil preparation
and management; fertilization; weed, disease and pest control; disposal
of farm waste; irrigation, drainage and water management; and grazing.
[Amended 6-5-2003 by Ord. No. 2003-4]
A.
When the Township is in receipt of a complaint alleging that an agricultural
use, structure or activity in connection with a commercial farm operation
constitutes a nuisance or is not in conformance with acceptable management
practices as defined herein, the Township Committee may refer the
complaint to the duly appointed Agriculture Advisory Committee for
mediation.
B.
Upon referral of such a complaint by the Township Committee to the
Agriculture Advisory Committee, the Committee shall invite the affected
parties to discuss the nature of the complaint, its reasonableness
or unreasonableness in light of acceptable management practices and
any solution or remedy which will satisfy the aggrieved party without
interfering with or discouraging the operation of the commercial farm
against which the complaint was registered. Determination of whether
the farm is following acceptable management practices shall be made
by the State Agricultural Development Committee. The results of the
meeting shall be nonbinding upon either party and shall not abridge
the right of either party to take legal action concerning the complaint.
[Amended 8-2-2001]
Whenever any farm property eligible for differential property
taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A.
54:4-23.1 et seq., is subdivided, or a new major or minor subdivision
abuts such farm property, or a new major or minor subdivision contains
space of at least five acres in size not owned by individual homeowners
or a homeowners' association, then the following language shall
be inserted in the deeds to all lots:
The grantee hereby acknowledges notice that there are presently
or may in the future be farm uses adjacent or in close proximity to
the above-described premises. The grantee further acknowledges that
the Township of White has adopted a Right-to-Farm Ordinance establishing
acceptable farming activities which may result in the emanation of
noise, odors, dust and fumes caused when such activities are conducted
in accordance with recognized agricultural practices. Such activities
include, but are not limited to, the production, harvesting, storage,
grading, packaging and processing of crops, farm and horticultural
products; the wholesale and retail marketing of crops, plants, livestock
and other related commodities; the use and application of techniques
and methods of soil preparation and management; fertilization; weed,
disease and pest control by aerial and ground spraying; the spreading
of manure and chemical and organic fertilizers; disposal of farm waste;
irrigation, drainage and water management; and grazing. The grantee
further acknowledges that such activities may occur on holidays, weekends,
and at all times of the day, including early morning, evening and
nighttime hours. By acceptance of this conveyance, the grantee does
hereby waive objection to such activities.
