[HISTORY: Adopted by the Township Council
of the Township of Chester as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Land use — See Ch. 113.
[Adopted 7-16-1996]
This article may be cited and referred to as
the "Right to Farm Ordinance of the Township of Chester."
A.
The purpose of this article is to encourage the continuation
and expansion of commercial and home agricultural pursuits by continuing
a positive agricultural business climate and protecting farmers against
unjustified private nuisance suits, where recognized methods and techniques
of agricultural production are applied and are consistent with relevant
federal and state law and nonthreatening to the public health and
safety. At the same time, this article acknowledges the need to provide
a proper balance among the varied and sometimes conflicting interests
of all lawful activities in the State of New Jersey.
B.
The purpose of this article is not to have this article
in part or in whole supersede any other ordinance of the Township
of Chester. The retention of agricultural activities is desirable
to all citizens of Morris County because it ensures numerous social,
environmental and economic benefits, including the preservation of
open space, atmospheric habitat; the preservation of land as a nonreplenishable
resource and as a source for agricultural products for this and future
generations; and the protection and maintenance of the aesthetic beauty
of the countryside and rural character of the community which includes
farm architecture and scenic variety.
As used in this article, the following terms
shall have the meanings indicated:
The agricultural management practices recommended and endorsed
by the State Agricultural Development Committee, plus those practices
complying with a conservation plan.
The production principally for the sale to others of plants,
animals or their products, including but not limited to forage and
sod crops; grain and feed crops; dairy animals and dairy products;
livestock, including dairy and beef cattle, poultry, sheep, swine,
horses, ponies, mules and goats; grapes, nuts and berries; vegetables;
nursery, floral, ornamental and greenhouse products; forestry, fishing
and trapping. Agriculture shall not include intensive poultry or swine
production or extensive animal feedlot operations.
A set of decisions regarding the use of soil and water resources.
The plan is developed by the Natural Resources Conservation Service
and approved by the Morris County Soil Conservation District.
An area of land made up of single or multiple joining or
nonjoining parcels located in the Township of Chester which is organized
as a management unit actively devoted to agricultural or horticultural
use, including but not limited to cropland, pasture, idle or fallow
land, woodland, wetlands, farmponds, farm roads and under farm buildings
and other enclosures related to agricultural pursuits, which farm
use occupies a minimum of the lesser of five acres or five times the
minimum lot size of the zone in which the property is located, exclusive
of the land upon which the farmhouse is located and such additional
land as may actually be used in connection with the farmhouse as provided
in the Farmland Assessment Act of 1965, N.J.S.A. 54:4-23.3, 54:4-23.4,
54:4-23.5 and 54:4-23.11.
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.
The right to engage in agriculture, as defined herein,
shall be permitted in any zone, and it shall be presumed that such
uses, activities and structures in connection therewith shall not
constitute a public or private nuisance, provided that such agricultural
uses are conducted in conformance with the acceptable management practices
defined herein.
B.
All uses and structures customarily incidental to
agriculture shall be permitted accessory uses in the zones set forth
hereinabove, including but not limited to:
(1)
The storage, processing and sale of farm products
where produced.
(2)
The use of irrigation pumps and equipment.
(3)
The application of manure, chemical fertilizers, insecticides,
pesticides and herbicides.
(4)
On-site disposal of organic agricultural waste.
(5)
Installation of soil and water conservation practices
in accordance with a Conservation Plan approved by the Morris County
Soil Conservation District.
(6)
Transportation of slow-moving equipment over roads
within the municipality.
(7)
Utilization of tractors and other necessary equipment.
(8)
The employment of farm laborers.
(9)
The conducting of farm practices at any and all times
when necessary.
(10)
The creation of noise, dust, odors and fumes inherently
associated with such uses.
(11)
Provisions for the wholesale and retail marketing of the agricultural output of the farm which include the building of temporary and permanent structures and parking areas for said purpose which all must conform with municipal land development standards and comply with all relevant municipal ordinances, including but not limited to § 113-243 of Part 5 of Chapter 113, Land Use.
(12)
The raising and keeping of farm animals, including
pets, pastoral farm animals (dairy and beef cattle, sheep and goats),
swine, fowl, horses, ponies and mules, pursuant to proper sanitation
standards, minimum acreage limits and boundary sizes between fencing
or enclosures and joining properties.[1]
[1]
Editor’s Note: Former Article 2, Traffic Management
Plan for On-Farm Activities, adopted 10-6-2015 by Ord. No. 2015-09,
and which immediately followed this section, was removed at the request
of the Township as it was declared void by the New Jersey Superior
Court.
