[HISTORY: Adopted by the Township Committee of the Township
of Liberty 10-3-1983. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Right to
Farm Ordinance."
A.
The Township Committee finds that farming has existed and been carried
on in the township for hundreds of years and long before the residential
development that has since been prevalent in the township. The Township
Committee further finds that residences have been located in close
proximity to existing working farms that engage in spraying, the spreading
of animal wastes, fertilizing, irrigation, transporting of farm products
and parking of motor vehicles incident to farming operations as well
as other activities which are indigenous to farming. The Township
Committee finds and determines that farmers must be secure in their
ability to earn a livelihood and utilize customary farming procedures
and techniques.
B.
The Township Committee further finds that, whatever burden may be
caused to contiguous property owners, it is offset by the benefits
from farming to the township, county and state, as well as the preservation
of open space areas within the township.
This chapter shall not be construed as a Zoning Ordinance and
does not supersede any Zoning Ordinance and the rights and privileges
arising from said ordinance.[1] It is the intent of this chapter to prohibit farming from
being found to be a nuisance when practiced according to customary
farming practices.
The right to farm those lands and properties zoned for that
use and properties currently being farmed within the Township of Liberty
is hereby recognized to exist as a right of the farmer, his agents
or assigns to utilize his land and properties in such a manner as
to pursue his livelihood, subject only to the restrictions and regulations
set forth in the township, county and state health codes and regulations.
This right to farm recognizes the use of large irrigation pumps and
equipment, aerial and ground seeding and spraying, large tractors,
trucks and trailers and the application of chemical fertilizers, insecticides
and herbicides, as well as other customary farm equipment utilized
by the farmer for the purpose of producing from the land agricultural
products, such as vegetables, grains, hay, fruits, fibers, wood, trees,
plants, shrubs, flowers and seeds. The right to farm shall also include
the right to utilize the land for grazing of animals, subject to the
restrictions for intensive fowl or livestock farms or such restrictions
as may be required by county, state and federal laws, and the right
to use and park motor vehicles actively used and necessary in the
seasonal operation of a farm where farming is the primary activity
conducted on the property.
The activities set forth herein incidental to the right to farm,
when reasonable and necessary for the particular farming activity
and livestock or fowl production and when conducted in accordance
with generally accepted agricultural practices, may occur on holidays,
Sundays and weekdays and at night and during the day. The noise, odors,
dust and fumes that are caused by these activities are recognized
as ancillary to the permitted activities set forth in this chapter
and the right to farm.
[Added 5-10-2000 by Ord. No. 2000-7[1]]
A.
The Township of Liberty recognizes the benefits to society, the community,
and its neighborhoods, from horticulture, commercial and home agriculture,
and animal husbandry, known hereafter as "farming," in its preservation
of open space and aesthetics of the rural countryside and the supplying
of present and future generations with the bounties resulting from
such activities. In doing so, the Township of Liberty has determined
that such farming activities and uses are necessary to humankind,
and that the right to carry on such pursuits should be protected for
the benefit of all the residents of the Township of Liberty.
B.
The Township of Liberty determines that the right to farm a lot of
at least five acres, excluding the dwelling unit, is a natural right,
and is hereby ordained to exist as a permitted use everywhere in the
Township of Liberty, regardless of zoning designations and regardless
of whether specified as permitted uses therein.
C.
The Township of Liberty hereby adopts by reference all of the provisions
of the New Jersey Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
D.
Notwithstanding the provisions of any other municipal ordinance,
resolution, or regulation to the contrary, the owner or operator of
a commercial farm which is in operation conforming to agricultural
management practices recommended by the Stale Agriculture Development
Committee, or whose specific operation or practice has been determined
by the Warren County Agriculture Development Board to constitute a
generally accepted agricultural operation or practice, and all relevant
federal or state statutes or rules and regulations adopted pursuant
thereto, and which does not pose a direct threat to public health
and safety may:
(1)
Produce agricultural and horticultural crops, trees and forest products,
livestock, and poultry and other commodities as described in the Standard
Industrial Classification for agriculture, forestry, fishing and trapping.
(2)
Process and package the agricultural output of the commercial farm.
(3)
Provide for the operation of a farm market, including the construction
of building and parking areas in conformance with municipal standards.
(4)
Replenish soil nutrients and improve soil tilth.
(5)
Control pests, predators and diseases of plants and animals.
(6)
Clear woodlands using open burning and other techniques, install
and maintain vegetative and terrain alterations and other physical
facilities for water and soil conservation and surface water control
in wetland areas.
(7)
Conduct on-site disposal of organic agricultural wastes.
(8)
Conduct agriculture-related educational and farm-based recreational
activities, provided that the activities are related to marketing
the agricultural or horticultural output of the farm.
E.
In all relevant actions filed regarding any activity authorized herein,
there shall exist an irrebuttable presumption that no commercial agricultural
operation, activity or structure which conforms to agricultural management
practices recommended by the State Agriculture Development Committee
or the Warren County Agriculture Development Committee whose specific
operation or practice has been determined to constitute a generally
accepted agricultural operation or practice, and all relevant federal
or state statutes or rules and regulations adopted pursuant thereto
and which does not pose a direct threat to public health and safety,
shall constitute a public or private nuisance, nor shall any such
operation, activity or structure with the use or structure be deemed
to otherwise invade or interfere with the use and enjoyment of any
other land or property.
F.
All agricultural operations set forth in Section 58-6D are hereby declared exempt from enforcement of all municipal ordinances and regulations which inhibit efficient crop production, including but not limited to ordinances and regulations imposing time limits on operations, dust limits and odor restrictions, except those ordinances and regulations which are strictly necessary for the maintenance of public health, as determined by the Liberty Township Board of Health.
G.
Filing of complaint; process.
(1)
Any person aggrieved by the operation of a commercial farm shall
file a complaint with the Warren County Agriculture Development Board
prior to filing an action in court of competent jurisdiction.
(2)
In the event the dispute concerns activities that are addressed by
an agricultural management practice recommended by the State Agriculture
Development Committee, the County Board shall hold a public hearing
and issue findings and recommendations within 60 days of the receipt
of the complaint.
(3)
In the event the State Agriculture Development Committee has not
recommended an agricultural management practice concerning activities
addressed by a complaint, the County Board shall forward the complaint
to the State Committee for a determination of whether the disputed
agricultural operation constitutes a generally accepted agricultural
operation or practice. Upon receipt of the complaint, the State Committee
shall hold a public hearing and issue its decision, in writing, to
the County Board. The County Board shall hold a public hearing and
issue its findings and recommendations within 60 days of the receipt
of the State Committee's decision.
(4)
Any person aggrieved by the decision of the County Board shall appeal
the decision to the State Agriculture Development Committee within
10 days. The State Committee shall schedule a hearing and make a determination
within 90 days of receipt of the petition for review.
(5)
The decision of the State Agriculture Development Committee shall
be binding, subject to the right of appeal to the Appellate Division
of the Superior Court. Any decision of the Warren County Agriculture
Development Board that is not appealed shall be binding.
[1]
Editor's Note: This ordinance provided that all ordinances
inconsistent with its provisions shall be deemed repealed thereby.
[Added 6-5-2003 by Ord. No. 02-03]
Whenever a commercial farm, as that term is defined pursuant
to the New Jersey Right to Farm Act;[1] is subdivided or a new major or minor subdivision abuts
a commercial farm or a new major or minor subdivision contains space
which was not owned by individual homeowners or a homeowners' association,
then the following shall be inserted in the deed of all resulting
lots:
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"Grantee is hereby noticed 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
as permitted under the Right to Farm section of the Liberty Township
Zoning Ordinance, Chapter 58."
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[1]
Editor's Note: See N.J.S.A. 4:1C-1 et seq.
