[HISTORY: Adopted by the Township Committee
of the Township of Holland 8-2-1983. Amended in its entirety 4-6-2010 by Ord. No. 2010-7;
subsequent amendments noted where applicable.]
This chapter may be known and shall be cited by the short title
of "Holland Township 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 inappropriate municipal
regulations and private nuisance suits, where best management practices
are applied and are consistent with relevant federal and state law
and nonthreatening to the public health and safety.
As used in this chapter, the following terms shall have the
meanings indicated:
In accordance with N.J.S.A. 4:1C-13 b., the use of land for
common farmsite activities, including but not limited to production,
harvesting, storage, grading, packaging, processing and the wholesale
and retail marketing of crops, plants, animals and other related commodities
and the use and application of techniques and methods of soil preparation
and management, fertilization, weed, disease and pest control, disposal
of farm waste, irrigation, drainage and water management, and grazing.
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.
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.
A facility used for the wholesale or retail marketing of
the agricultural output of a commercial farm, and products that contribute
to farm income, except that if a farm market is used for retail marketing
at least 51% of the annual gross sales of the retail farm market shall
be generated from sales of agricultural output of the commercial farm,
or at least 51% of the sales area shall be devoted to the sale of
the agricultural output of the commercial farm, and except that if
a retail farm market is located on land less than five acres in area,
the land on which the farm market is located shall produce annually
agricultural or horticultural products worth at least $2,500.
A direct marketing alternative wherein retail or wholesale
customers are invited onto a commercial farm in order to harvest agricultural,
floricultural or horticultural products.
A.
The right to farm or engage in agriculture, as defined herein, shall
be permitted in Holland Township 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 the provisions of N.J.S.A. 4:1C-10 and
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.
B.
Consistent with the foregoing, 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.
C.
Consistent with the foregoing, permissible agricultural activities
include, but not by way of limitation:
(1)
Production of agricultural and horticultural crops, trees, apiary
and forest products, livestock, poultry and other commodities as described
in the Standard Industrial Classification for agriculture, forestry,
fishing and trapping.
(2)
Housing in accordance with appropriate zoning regulations, and employment
of necessary farm laborers.
(3)
Erection of essential agricultural buildings, including those dedicated
to the processing and packaging of the output of the commercial farm
and ancillary to agricultural and horticultural production.
(4)
The grazing of animals and use of range for fowl.
(5)
Construction of fences.
(6)
The operation and transportation of large, slow-moving equipment
over roads within the Township.
(7)
Control of pests, including but not limited to insects and weeds,
predators and diseases of plants and animals.
(8)
Conducting of agriculture-related educational and farm-based recreational
activities provided that the activities are related to marketing the
agricultural or horticultural output of the commercial farm and permission
of the farm owner and lessee is obtained.
(9)
Use of any and all equipment, including but not limited to irrigation
pumps and equipment, aerial and ground seeding and spraying, tractors,
harvest aides, and bird-control devices.
(10)
Processing and packaging of the agricultural output of the commercial
farm.
(11)
The operation of a farm market with attendant signage, including
the construction of building and parking areas in conformance with
Township standards.
(12)
The operation of a pick-your-own operation with attendant signage.
(13)
Replenishment of soil nutrients and improvement of soil tilth.
(14)
Clearing of woodlands using open burning and other techniques, installation
and maintenance of vegetative and terrain alterations and other physical
facilities for water and soil conservation and surface water control
in wetland areas.
(15)
On-site disposal of organic agricultural wastes.
(16)
The application of manure and chemical fertilizers, insecticides
and herbicides.
(17)
Installation of wells, ponds and other water resources for agricultural
purposes such as irrigation, sanitation and marketing preparation.
(18)
Commercial farm operators may engage in any other agricultural activity
as determined by the State Agriculture Development Committee and adopted
by rule or regulation pursuant to the provisions of the Administrative
Procedure Act (N.J.S.A. 52:14B-1 et seq.).
D.
Commercial farm operators are strongly advised to adhere to generally
accepted agricultural management practices that have been:
(1)
Promulgated as rules by the State Agriculture Development Committee;
(2)
Recommended as site-specific agricultural management practices by
the County Agriculture Development Board;
(3)
Approved by the local soil conservation district in the form of a
farm conservation plan that is prepared in conformance with the United
States Department of Agriculture, Natural Resources Conservation Service
(NRCS) Field Office Technical Guide (FOTG), revised April 20, 1998,
as amended and supplemented; or
(4)
Recommended by the Rutgers Agricultural Experiment Station.
E.
The foregoing activities must be in conformance with applicable federal
and state law.
F.
The foregoing practices and activities may occur on holidays, weekdays
and weekends by day or night and shall include the attendant or incidental
noise, odors, dust and fumes normally associated with these practices.
A.
Any person aggrieved by the operation of a commercial farm may file
a complaint with the Hunterdon County Agriculture Development Board.
B.
To help parties resolve conflicts involving the operation of commercial
farms, the State Agriculture Development Committee has also established
an Agricultural Mediation Program. Mediation is a voluntary process
in which a trained, impartial mediator helps disputing parties examine
their mutual problems, identify and consider options, and determine
if they can agree on a solution. A mediator has no decision-making
authority. Successful mediation is based on the voluntary cooperation
and participation of all the parties.
A.
An additional purpose of this Chapter 81 is to promote a good-neighbor policy by advising purchasers and users of real property adjacent to or near commercial farms of accepted activities or practices associated with those neighboring farms. It is intended that, through mandatory disclosures, purchasers and users will better understand the impacts of living near agricultural operations and be prepared to accept attendant conditions as the natural result of living in or near land actively devoted to commercial agriculture or in an Agricultural Development Area, meaning an area identified by a county agriculture development board pursuant to the provisions of N.J.S.A.4:1C-18 and certified by the State Agriculture Development Committee.
B.
The Township will take reasonable steps to make it possible for real estate salespersons to provide notification to prospective purchasers of land in this Township, using language included in the sample Real Estate Transfer Disclosure Statement, annexed to this Chapter 81 as Exhibit A.[1]
[1]
Editor's Note: Exhibit A is on file in the Township offices.
C.
Additionally, the following language shall be included in the deed of any newly subdivided lot in the Township, any part of which is located in any zoning district where agriculture is a permitted principal use: "Grantee is hereby given notice that there is, or may in the future be, farm use near the premises described in this deed, from which may emanate noise, odors, dust and fumes associated with agricultural practices permitted under the Right-to-Farm Ordinance, Chapter 81 of the Code of the Township of Holland."
This chapter is adopted in accordance with the New Jersey Right to Farm Act (N.J.S.A. 4:1C-1 et seq.), and regulations duly adopted thereunder, and is not adopted pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), and consequently this Chapter 81 is not a municipal zoning or subdivision ordinance. While nothing in this Chapter 81 is intended to be construed to permit any use of land or structure in any manner contrary to Chapter 100, Land Use, of this Code, under applicable state law the provisions of this Chapter 81 and Chapter 100 are to be applied in a manner which gives appropriate consideration to agricultural practices at issue and also to zoning and other land use regulations. It is recognized that in the event of a conflict between Chapter 81 and Chapter 100, in accordance with state law, resolution procedures involving the Hunterdon County Agriculture Development Board may be utilized.
