[HISTORY: Adopted by the Township Committee of the Township
of Oldmans 12-13-2017 by Ord. No.
2017-18. Amendments noted where applicable.]
The title of the ordinance comprising this chapter is "An ordinance amending the Code of the Township of Oldmans by adding a new Chapter 4 to be entitled Agricultural Advisory Committee."
A.
The
governing body of the Township of Oldmans finds that the needs and
concerns of farmland owners and operators within the community are
important and must be understood by Township officials and residents.
In order to protect and maintain the beneficial character of agriculture
to the Township of Oldmans, farmland preservation plans must be complemented
by establishing, protecting, and maintaining within the jurisdiction
of the Township of Oldmans, Salem County, and the State of New Jersey
a positive business climate for agriculture. The interest of farmers
in making reasonable economic use of their farms, preserved or not,
must be taken into consideration when Township of Oldmans considers
new or revised plans, policies and ordinances.
B.
The
specific purposes and intent of establishing an Agricultural Advisory
Committee in Township of Oldmans are to:
(1)
Represent the needs and concerns of farmland owners and operators
within the community and facilitate communication and understanding
among Township officials, residents and the agricultural community;
(2)
Assist Township officials in efforts to plan for the continuation
of agriculture and prevent the loss of agricultural resources;
(3)
Review the impact of existing and proposed plans, policies and ordinances
on the agricultural community and recommend changes as needed;
(4)
Assist in meeting eligibility requirements for planning incentive
grants administered by the State Agriculture Development Committee
pursuant to N.J.A.C. 2:76:-17 and 2:76-17A;
(5)
Ensure that previous and ongoing public investment in the preservation
of agricultural land by the residents of Oldmans, Salem County, and
the State of New Jersey is reinforced by policies at all levels of
government to allow for a viable agriculture industry into the future;
and
As used in this chapter, the following terms shall have the
meanings indicated:
Areas identified by a County Agricultural Development Board
pursuant to N.J.S.A. 4:1C-11 et seq. and certified by the State Agriculture
Development Committee where agriculture is the preferred land use.
ADAs encompass productive agricultural land in zones that permit agriculture;
are reasonably free of conflicting suburban and conflicting commercial
development; comprise not more than 90% of the county's agricultural
land base; and include other characteristics deemed important by the
County Agriculture Development Board.
A public body established by a county governing body pursuant
to N.J.S.A. 4:1C-14 to help implement the state's Agriculture Retention
and Development Act and Right to Farm Act.[1] A CADB must be comprised of seven voting members who are
residents of the county. A majority of the voting members must be
actively engaged in agriculture.
A public body within, but independent from, the New Jersey
Department of Agriculture established pursuant to N.J.S.A. 4:1C-4.
The SADC administers the state's farmland preservation programs, including
grants to counties, municipalities and nonprofit organizations to
fund the purchase of development easements of farmland; directly purchasing
farms and development easements from landowners; and providing matching
grants to implement soil and water conservation projects.
[1]
Editor's Note: See N.J.S.A. 4:1C-1 et seq.
There is hereby established within Oldmans an Agricultural Advisory
Committee (AAC). The AAC shall serve as an ad hoc advisory committee
to the Planning Board. The Township of Oldmans is empowered to establish
an Agricultural Advisory Committee pursuant to N.J.S.A. 4:1C-43.1b(2).
A.
The
AAC shall be composed of at least three, but not more than five, residents
of the Township of Oldmans. A majority of the members must be actively
engaged in farming and own at least a portion of the land they farm.
The farmer-members shall, to the extent possible, represent the different
scales and types of operations and different land tenure arrangements
within Oldmans.
B.
Members
shall be appointed by the Mayor with the consent of a majority of
the Township Committee. Each member shall serve a term of three years.
Members shall select a Chairperson, who shall serve as a liaison between
the AAC and the Planning Board, the Salem County CADB and/or the SADC
(if applicable). The AAC shall designate a Secretary to keep notes
of its meeting, which shall be submitted to the Planning Board, Township
Committee, CADB and, if applicable, the SADC within 30 days. The Chairperson,
or his/her appointed designee, shall serve as the spokesperson for
the Committee to the Township Committee, Planning Board, CADB and,
if applicable, the SADC.
C.
A
member of the AAC or a member of his or her immediate family is prohibited
from selling or applying to sell a development easement on his or
her property or from selling or applying to sell his or her property
in fee-simple title pursuant to the Agriculture Retention and Development
Act, N.J.S.A. 4:1C-11 et seq. and the Garden State Preservation Trust
Act, N.J.S.A. 13:8C-1 et seq.
D.
"Members
of the immediate family" means a member's spouse, child, parent, or
sibling residing in the same household.
[Amended 12-9-2020 by Ord. No. 2020-13]
The AAC shall report to the Oldmans Township Committee. As per
current SADC recommendations the Committee shall hold a minimum of
two in-person meetings in a calendar year, and shall perform such
duties as may be requested by the Township Committee, including, but
not limited to:
A.
Participating
in the identification of project areas and/or target farms in the
Township suitable for farmland preservation.
B.
Alerting
local officials to issues in the farming community that should be
considered when using municipal regulatory and land use authority.
C.
Reviewing
existing and proposed ordinances for impacts or potential impacts
upon the farming community, including all ordinances affecting land
use in agricultural development areas. This may include recommending
growth management strategies such as transfer or development rights
that have the potential to protect agricultural land while maintaining
landowners' equity.
D.
Assisting
the Planning Board in the development of a farmland preservation plan
element pursuant to N.J.S.A. 40:55D-28b(13) and N.J.A.C. 2:76-17.6(a)
and 2:76-17A.3(a)3.
E.
Assisting,
through consultation, the Planning Board and the governing body in
adjustments and amendments to the farmland preservation Master Plan
element and the list of farms to be included in the county or state
easement and fee-simple acquisition programs.
F.
Assisting
the Planning Board in developing and considering amendments developed
through Master Plan reexaminations and any other changes that would
have an affect of the viability of farms within an ADA.
G.
Reviewing
and promoting economic development strategies being developed by the
CADB for the New Jersey Department of Agriculture and/or the SADC.
H.
Encouraging
the development of local outlets for agricultural products, including
farmers' markets, farm stands, institutional purchasers, and restaurants.
I.
Supporting
adoption of model agricultural viability ordinances promoted by the
CADB.
J.
Encouraging
the development of agricultural infrastructure to support local producers.
K.
Attending
monthly CADB and SADC meetings and reporting back to the AAC on county
and statewide policy issues.
Upon adoption, this chapter will be incorporated into and become
part of the Code of the Township of Oldmans.
