This chapter may be cited and referred to as
the "Right to Farm Ordinance of the Township of Stillwater."
The purpose of this chapter is to assure the
continuation and expansion of commercial and home agricultural pursuits
by encouraging a positive agricultural business climate and protecting
the farmer against municipal regulations and 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 chapter 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. The retention of agricultural activities
is desirable to all citizens in Sussex 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.
For the purpose of this chapter only, the following
terms shall be defined as follows:
AGRICULTURE
The production, principally for the sale to others, of plants,
animals or their products worth $2,500 or more in gross sales annually,
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; and other commodities as described in the
Standard Industrial Classification for agriculture, forestry, fishing
and trapping.
CONSERVATION PLAN
A set of decisions regarding the use of soil and water resources.
The plan is developed by the Natural Resources Conservation Service.
FARM
An area of land made up of a single or multiple joining or
nonjoining parcels which is organized as a management unit actively
devoted to the production of agricultural or horticultural products
worth $2,500 or more in gross sales annually in accordance with N.J.S.A.
4:1C-1 et seq., including but not limited to cropland, pasture, idle
or fallow land, woodland, wetlands, farm ponds, farm roads and other
farm buildings and other enclosures related to agricultural pursuits,
which 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.
NUISANCE
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.
The Township Clerk is hereby directed to give
notice at least 10 days prior to the hearing on the adoption of this
chapter to the County Planning Board and to all others entitled thereto
pursuant to the provisions of N.J.S.A. 40:55D-15. Upon adoption of
this chapter, after public hearing thereon, the Township Clerk is
further directed to publish notice of the passage thereof and to file
a copy of this chapter as finally adopted with the County Planning
Board as required by N.J.S.A. 40:55D-16 and with the Township Tax
Assessor.