[See also Chapter 14, Right to Farm.]
[Ord. No. 2002/15 § 1]
The Township Committee finds and declares that:
a.
The retention of agricultural activities would serve the best interest
of all citizens of Hardwick Township by insuring the numerous social,
economic and environmental benefits which accrue from one of the largest
industries in the Garden State;
b.
Several factors have combined to create a situation wherein the regulations
of various State agencies and the ordinances of individual municipalities
may unnecessarily constrain essential farm practices;
c.
It is necessary to establish a systematic and continuing effort to
examine the effect of governmental regulation on the agricultural
industry;
d.
All State departments and agencies thereof should encourage the maintenance
of agricultural production and a positive agricultural business climate;
e.
It is the express intention of this ordinance to establish as the
policy of this Township the protection of commercial farm operations
from nuisance action, where recognized methods and techniques of agricultural
production are applied, while, at the same time, acknowledging the
need to provide a proper balance among the varied and sometimes conflicting
interests of all lawful activities in New Jersey.
[Ord. No. 2002/15 § 2]
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. It is the intent of this chapter to prohibit
farming from being found to be a nuisance when practiced according
to customary farming practices.
[Ord. No. 2002/15 § 3]
The right to farm those lands and properties zoned for that
use and properties currently being farmed within the Township of Hardwick
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.
[Ord. No. 2002/15 § 4]
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.
[Ord. No. 2002/15 § 5; Ord. No. 2003/05 § 1]
a.
The Township of Hardwick 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 Hardwick
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 Hardwick.
b.
The Township of Hardwick determines that the right to farm a lot
at least five (5) acres, excluding the dwelling unit, is a natural
right, and is hereby ordained to exist as a permitted use everywhere
in the Township of Hardwick, regardless of zoning designations and
regardless of whether specified as permitted uses therein.
c.
The Township of Hardwick 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 State 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.
9.
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."
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 paragraph d 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 Hardwick 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 sixty (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 sixty (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
ten (10) days. The State Committee shall schedule a hearing and make
a determination within ninety (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.
i.
Deed Conveyance; Notification.
1.
Each deed of conveyance of land, and subsequent deed or conveyance
of land, in any zone, prepared after the effective date of this paragraph
and each offering of sale of land shall contain a recital as follows:
"Hardwick Township acknowledges that a substantial quantity
of land is devoted to active agricultural uses and a right to farm
exists in the township. Therefore, the grantee, his or her heirs and
assigns are hereby on notice that lands in any zone in the township
may be actively farmed and that the farmer of these lands has the
continued right to farm under the provisions of the land use regulations
of Hardwick Township."
2.
This recital shall be included in all deeds as above-noted until
such time as the lands being conveyed are no longer adjacent, abutted
or reasonably contiguous to any lands which would qualify for protection
under this act.
