[HISTORY: Adopted by the Township Committee of the Township of Stillwater 7-15-2003
by Ord. No. 2003-12. Amendments noted where applicable.]
GENERAL REFERENCES
Land development — See Ch. 240.
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:
The agricultural management practices recommended or endorsed by
the State Agriculture Development Committee, plus those practices complying
with a conservation plan.
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.
A set of decisions regarding the use of soil and water resources.
The plan is developed by the Natural Resources Conservation Service.
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.
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 all zones except R-30, 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 agricultural management practices defined
herein.
B.
All uses and structures customarily incidental to agriculture
shall be permitted accessory uses in all zones except R-30 as 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 physical facilities for soil and water
conservation and the harvesting of timber;
(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 creation of noise, dust, odors and fumes inherently
associated with such uses;
(10)
The conducting of farm practices at any time and all
times when necessary;
(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 to municipal land development standards; and
(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, provided that proper sanitation standards, minimum
acreage limits and boundary sizes between fencing or enclosures and joining
properties are established.
A.
For the purpose of giving due notice of the farm rights
contained in this chapter to new residents of the municipality, the Planning
Board shall require an applicant for every major or minor subdivision or site
plan review, as a condition of approval of such application, to provide every
purchaser with a copy of this chapter.
B.
Whenever a new major or minor subdivision abuts a farm
as defined in this chapter or a new major or minor subdivision contains space
which was not owned by individual homeowners or a homeowners' association,
and said space is at least five acres in size, then the following language
shall be inserted in the deed of all lots in the subdivision: "Grantee is
hereby noticed that there is, or may in the future be, farm use near the described
premises from which may emanate noise, odors, dust and fumes associated with
agricultural practices permitted under the Township's Right to Farm Ordinance."
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.
