[HISTORY: Adopted by the Borough Council of the Borough of Hampton 9-10-2001 by Ord. No. 10-01. Amendments noted where applicable.]
This chapter may be known and shall be cited by the short title of "Borough of Hampton Right-To-Farm Ordinance."
The intent of this chapter is to recognize state law regarding the right to farm, such as the Right-to-Farm Act (N.J.S.A. 4:1C-1 et seq.), and to assure the continuation and expansion of commercial and home agricultural pursuits by encouraging a positive agricultural business climate and protecting the farmer against appropriate municipal regulations and private nuisance suits, where best management practices are applied and are consistent with relevant federal and state law and are nonthreatening to the public health and safety.
As used in this chapter, the following terms shall have the meanings indicated:
- Production for the sale of plants and animals useful to man, including but not limited to forages and sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, horses, ponies, mules and goats, including the breeding, boarding, raising, rehabilitating, training or grazing of any or all of such animals, except that livestock shall not include dogs; bees and apiary products; fur animals, trees and forest products; or when devoted to and meeting the requirements and qualifications for payments and other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government.
- COMMERCIAL FARM
- 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.
- FARM MANAGEMENT UNIT
- 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.
The right to engage in agriculture, as defined herein, shall be permitted in the Borough of Hampton as permitted by zoning and other land use regulations and as permitted by state law, and it shall be presumed that such uses and activities, and structures in connection therewith, shall not constitute a public or private nuisance, provided that the operation conforms to agricultural management practices recommended by the State Agricultural Development Committee and adopted to the provisions of the Administrative Procedure Act N.J.S.A. 52:14B-1 et seq. or whose specific operation or practice has been determined by the Hunterdon County Agricultural Development Board to constitute a generally accepted agricultural operation or practice.
The owner and operator of a commercial farm, qualifying under N.J.S.A. 4:1C-9 (of the State Right-to-Farm Act) may engage in all agricultural activities permitted by N.J.S.A. 4:1C-9.
Nothing in this chapter, however (despite any other wording in this chapter), shall be construed to permit any use of land or structure in any manner contrary to the Borough of Hampton Development Regulations Ordinance or any future zoning ordinance or regulation of the Borough.
The purchaser of any real estate in the Borough of Hampton in any zoning district where agriculture is a permitted principal use should be notified of the improvement of our farming community and be provided with a copy of this chapter.
The municipal Planning Board shall require any applicant for a major or minor subdivision of land in any zoning district where agriculture is a permitted principal use, or any land adjacent to a zoning district where agriculture is a permitted principal use, as a condition of approval of such application, to include a provision in each and every deed conveying all or any portion of the lands subdivided, as well as on filed final subdivision maps, the following record notice to grantees of such present or future proximate farming uses, which provision shall be made to run with the land:
The Borough will take reasonable steps to make it possible for real estate salespersons to provide notification to prospective purchasers of land in this Borough, using language similar to the deed notification described in this section.