[Ord. No. 2004-950, § 1]
The purpose 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 municipal regulations
and private nuisance suits where agricultural management practices
are applied and are consistent with relevant federal and state law
and nonthreatening to the public health and safety.
[Ord. No. 2004-950, § 1]
AGRICULTURE
Shall mean production for sale of plants and animals useful
to man, including but not limited to:
a.
Forages and sod crops; or
b.
Grains and feed crops; or
c.
Dairy animals and dairy products; or
d.
Poultry and poultry products; or
e.
Livestock, including beef cattle, sheep, horses, ponies, mules
or goats, including the breeding, boarding, raising, rehabilitating,
training or grazing of any or all of such animals, except that "livestock"
shall not include dogs; or
f.
Bees and apiary products; or
g.
Fur animals, trees and forest products; or
h.
When devoted to and meeting the requirements and qualifications
for payments and other compensation pursuant to a soil conservation
program under an agreement with an agency of the Federal government.
i.
"Agriculture" shall not include intensive poultry or swine production
or extensive animal feed lot operations.
COMMERCIAL FARM
Shall mean:
a.
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
b.
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.
FARM MANAGEMENT UNIT
Shall mean 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.
FARM STAND
Shall mean a facility 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 stand is used for
retail marketing at least 51% of the annual gross sales of the retail
farm stand 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 agricultural output of the commercial farm; provided,
however, that if the retail farm stand is located on land less than
five acres in area, the land on which the farm stand is located shall
produce annually agricultural or horticultural products worth at least
$2,500.
NUISANCE
Shall mean any private action which 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. 2004-950, § 1]
No agricultural activity, operation, or facility conducted or
maintained for commercial purposes and in a manner consistent with
relevant Federal and State laws shall be or become a nuisance, public
or private. It is hereby determined that whatever nuisance may be
caused to others by such activities is more than offset by the benefits
derived from the continuation of farming in the community. The preservation
of farming in Branchburg Township and New Jersey is a source of agricultural
products for this and future generations while saving a nonrenewable
resource, i.e., prime agricultural soils.