[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]
Shall mean production for sale of plants and animals useful
to man, including but not limited to:
Forages and sod crops; or
Grains and feed crops; or
Dairy animals and dairy products; or
Poultry and poultry products; or
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
Bees and apiary products; or
Fur animals, trees and forest products; or
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.
"Agriculture" shall not include intensive poultry or swine production
or extensive animal feed lot operations.
Shall mean:
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.
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.
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.
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]
a.
The right to engage in agriculture, as defined herein, shall be permitted
in Branchburg Township as permitted by zoning and other land use regulations
and as permitted by State law, and such uses and activities, and structures
in connection therewith, shall not constitute a public or private
nuisance, provided that the operation conforms to agricultural management
practices recommended by the State Agricultural Development Committee
and adopted pursuant 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 Somerset County Agricultural Development Board
to constitute a generally accepted agricultural operation or practice.
Agricultural use shall include the following activities but not be
limited to them:
1.
The storage, processing, packaging and sale of farm products where
produced, including sale of farm products at a farm stand.
2.
The use of irrigation pumps and equipment, aerial and ground seeding
and spraying, trucks, tractors and other equipment.
3.
The application of manure, chemical fertilizers, insecticides, pesticides
and herbicides in accordance with manufacturers' instructions.
4.
On-site disposal of organic agricultural waste.
5.
Installation of soil and water conservation practices in accordance
with a conservation plan approved by the Somerset-Union Soil Conservation
District.
6.
Transportation of slow-moving equipment over roads within the municipality.
7.
Utilization of tractors and other necessary equipment.
8.
The employment of farm laborers living on or off the farm.
9.
The creation of noise, dust, odors and fumes inherently associated
with such uses.
10.
The conducting of farm practices at any and all times when necessary.
11.
Recreational use as permitted by the farm owner, with the provision
that any recreational use of farm land that changes the underlying
agricultural nature of the land shall be subject to the usual site
plan review, variance application and all permits where otherwise
required.
12.
Provisions for the wholesale and retail marketing of the agricultural output of the farm which include the building of temporary and permanent structures and parking areas for said purpose which all must conform to municipal land development standards. Temporary and permanent structures shall be considered a "farm stand" and must comply with the definition of such in subsection 25-1.2.
13.
The raising and keeping of farm animals, including pets, pastoral
farm animals (dairy and beef cattle, buffalo, sheep and goats), swine,
fowl, ostriches, horses, ponies and mules, provided that proper sanitation
standards, minimum acreage limits and boundary sizes between fencing
or enclosures and joining properties are established.
14.
The control of vermin and pests provided that such control is practiced
under applicable State fish and game laws.
15.
Conducting 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.
16.
Engaging in any other agricultural activity as determined by the
State Agricultural Development Committee and adopted by rule or regulation
pursuant to the provisions of the said Administrative Procedure Act
(N.J.S.A. 52:14B-1 et seq.).
[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.
[Ord. No. 2004-950, § 1]
a.
The following language shall be included in the deed of any newly
subdivided lot in the Township within 200 feet of a commercial farm
actively engaged in agriculture:
"Grantee is hereby noticed that there is, or may in the future
be, active agriculture 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 of Branchburg
Township."
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 similar to the deed notification
described above.
[Ord. No. 2004-950, § 1]
a.
All complaints concerning activities protected hereunder shall be
in writing and forwarded to the Township Committee. The Township Committee
shall refer the complaint to its duly appointed Agricultural Advisory
Committee for mediation.
b.
Upon referral of such a complaint by the Township Committee, and
within 21 days thereafter, the Agricultural Advisory Committee shall
invite the parties to discuss the nature of the complaint and shall
recommend a solution, which shall take into consideration the interests
of all parties. The recommendation of the Agricultural Advisory Committee
shall be nonbinding and shall not abridge the right of either party
to take legal action or to pursue any remedy provided in the General
Ordinances of the Township, State regulations or State law. The Agricultural
Advisory Committee shall issue a written report of its recommendations
and reasons therefor to the Township Committee within 14 days from
the date thereof. The Township Committee shall accept, modify or remand
the matter to the Agricultural Advisory Committee for further hearing
within 28 days from its receipt of the Agricultural Advisory Committee's
written report. If either party is dissatisfied with the decision
of Agricultural Advisory Committee, he or she may pursue other remedies
as provided under applicable law.
c.
The members of the Agricultural Advisory Committee shall not be held
liable for errors in fact or judgment expressed in findings regarding
matters referred to it by the Township Committee.
