[Ord. No. 799 § 1]
This chapter may be cited and referred to as the "Right to Farm"
ordinance of the Borough of Peapack and Gladstone.
[Ord. No. 799 § 2]
The purpose of this chapter is to encourage the continuation
and expansion of commercial and home agricultural pursuits by continuing
a positive agricultural business climate and protecting farmers against
unjustified 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 purpose of
this chapter is not to have this chapter in part or in whole supersede
any other ordinance of the Borough of Peapack and Gladstone. The retention
of agricultural activities is desirable to all citizens of Somerset
County because it insures 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.
(Ord. No. 799 § 3)
Shall mean the agricultural management practices recommended
and endorsed by the State Agriculture Development Committee and/or
the Somerset County Agriculture Development Board. The agricultural
management practices are on file with the Borough Clerk of Peapack
and Gladstone.
Shall mean the production principally for the sale to others
of plants, animals or their products, 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, forestry,
fishing and trapping.
Shall mean a set of decisions regarding the use of soil and
water resources. The plan is developed by the Natural Resources Conservation
Service and approved by the Somerset County Soil Conservation District.
A copy of the plan is on file with the Borough Clerk of Peapack and
Gladstone.
Shall mean an area of land made up of single or multiple
joining or nonjoining parcels located in the Borough of Peapack and
Gladstone which is organized as a management unit actively devoted
to agricultural or horticultural use, 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, provided that the farm meets the definition
of a commercial farm found in the Right to Farm Act N.J.S.A. 4:1C-1.
Shall mean any private action that 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.
[Ord. No. 799 § 4]
The right to engage in agriculture, as defined herein, shall
be permitted in accordance with the Land Use Ordinances of the Borough
of Peapack and Gladstone, as modified by N.J.S.A. 4:1C-9, in any zone,
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 management practices defined herein.
All uses and structures customarily incidental to agriculture
shall be permitted accessory uses in the zones set forth herein above,
including, but not limited to:
a.
The storage, processing and sale of farm products where produced;
b.
The use of irrigation pumps and equipment;
c.
The application of manure, chemical fertilizers, insecticides, pesticides
and herbicides;
d.
On-site disposal of organic agricultural waste;
e.
Installation of soil and water conservation practices in accordance
with a Conservation Plan approved by the Somerset County Soil Conservation
District;
f.
Transportation of slow moving equipment over roads within the municipality;
g.
Utilization of tractors and other necessary equipment;
h.
The employment of farm laborers;
i.
The conducting of farm practices at any and all times when necessary;
j.
The creation of noise, dust, odors and fumes inherently associated
with such uses;
k.
The raising and keeping of farm animals including but not limited
to: pets, pastoral farm animals (dairy and beef cattle, sheep and
goats), swine, fowl, horses, llamas, ponies and mules.
[Ord. No. 799 § 5]
There is hereby established in the Borough of Peapack and Gladstone
an Agricultural Advisory Committee.
[Ord. No. 799 § 5]
a.
The Agricultural Advisory Committee shall consist of at least three
(3) but not more than five (5) members, appointed by the Mayor, with
the advice and consent of the Borough Council all of whom shall be
residents of the Borough with a majority of the members actively engaged
in farming and owning a portion of the land that they farm, all of
whom shall serve without pay.
b.
The terms of the members first appointed shall be as follows: one-third
(1/3) of the appointees for a year term to end December 31, 2002;
one-third (1/3) of the appointees for a term to end December 31, 2003;
and one-third (1/3) of the appointees for a term to end December 31,
2004. Thereafter, all appointments shall be effective on January 1
of the year of appointment and shall be for terms of three (3) years
and vacancies shall be filled for the unexpired term only. Members
shall serve until the appointment and qualification of their successors.
[Ord. No. 799 § 5]
a.
The Agricultural Advisory Committee shall annually select from its
members a Chairperson, who shall ensure that minutes of each meeting
are properly kept, and such other officers as it may deem necessary.
The Agricultural Advisory Committee may establish rules of order and
shall meet at least quarterly and from time to time as necessary to
fulfill its responsibilities.
b.
The Agricultural Advisory Committee shall report periodically to
the Borough of Peapack and Gladstone Borough Council, Land Use Board
and Open Space, Recreation, Farmland and Historical Preservation Committee.
[Ord. No. 799 § 5]
The Agricultural Advisory Committee shall have the following
powers and responsibilities:
a.
To identify project areas of multiple farms that are reasonably contiguous
and located in an agricultural development area authorized pursuant
to the Agriculture Retention and Development Act, P.L. 1983, c.32
(N.J.S.A. 4:1C11, et seq.).
b.
To compile and maintain an inventory of agricultural lands within
the Borough.
c.
To render advice and assistance to the Borough of Peapack and Gladstone
Land Use Board with regard to preparation of a farmland preservation
plan element pursuant to the Municipal Land Use Law specifically,
N.J.S.A. 40:55D-28b(13) and with respect to any petition received
pursuant to N.J.S.A. 4:1C-21.
d.
To render advice to the Open Space, Recreation, Farmland and Historical
Preservation Advisory Committee with respect to farmland suitable
for acquisition or preservation.
