[1977 Code § 43-1; Ord. No. 7-81]
The Township recognizes that the industry of farming is a natural
right and that this industry has been the main source of income and
occupation since the founding of our republic and State.
[1977 Code § 43-2; Ord. No. 7-81]
This right to farm exists throughout the Township except where
specifically prohibited by duly enacted zoning regulations.
[1977 Code § 43-3; Ord. No. 7-81]
This right to farm includes all manner and means of physical
labor and mechanical equipment now available, including but not limited
to irrigation pumps and equipment, aerial and ground seeding and spraying
tractors and their attachments, use and application of recognized
fertilizers, approved insecticides and approved herbicides.
[1977 Code § 43-4; Ord. No. 7-81]
Farming shall include all recognized methods and types as pertains
to the growing of crops and the raising of animals or fowls, throughout
the country as a whole.
[1977 Code § 43-5; Ord. No. 7-81]
The right to farm includes the uses, methods and activities
that have been proven effective in the past that are acceptable in
the present and that are considered reasonable and necessary in the
industry throughout the country as a whole and which are conducted
in accordance with generally accepted agricultural practices.
[1977 Code § 43-6; Ord. No. 7-81]
The right to farm and the acceptable practices heretobefore
set forth may have to occur on holidays, Sundays, weekends, at night
as well as during normal working hours, and such working conditions
are recognized as incident to farming.
[1977 Code § 43-7; Ord. No. 7-81]
It is also recognized that reasonably incident to farming is
the creation of noise, odors, dust and fumes, and it is recognized
that these incidents of farming are specifically permitted as a legitimate
part of the right to farm.
[1977 Code § 43-8; Ord. No. 7-81]
It is specifically recognized that any inconveniences to the
public caused by the above-mentioned incidents to farming are more
than compensated by the inherent benefits derived from farming, benefits
to the public at large by providing wholesome and fresh foods and
farm products, to the community as a source of legitimate income and
employment, to future generations by the preservation of open space
and the benefits to be derived therefrom.
[Ord. No. 43-1998, Preamble]
The Township wishes to recognize its rural living, its rural
community and environment and its history of farming and agriculture
as a primary source of income and occupation in this Township and
as stated in its Right to Farm Ordinance which has existed since the
founding of our Republic and State. Upper Freehold Township recognizes
that services in a rural environment should only be provided where
absolutely necessary and affordable to the taxpayers and citizens
while recognizing that as a Municipal Corporation of the State of
New Jersey there is an obligation to comply with appropriate and applicable
law. The Township Committee at the same time wishes to acknowledge
that common sense and rural living and protection of the rural environment
are in fact part of the policy of this Township. Upper Freehold Township
continues its strong commitment to farmland preservation and New Jersey
and Monmouth County programs implementing same with almost 5,000 acres
of land in the "program" and acknowledges that hundreds of properties
in Upper Freehold Township qualify for Farmland Assessment pursuant
to New Jersey law.
[Ord. No. 43-1998 §§ 1–5]
a.
Upper Freehold Township recognizes the agricultural and rural nature
of this community, Farmland Preservation, and its many long-time residents
and those who have moved into our community because of its "rural
atmosphere." The Township Committee believes that it is in the best
interest of the Township as a public entity and its citizens including
people who are considering moving here to give notice of a Police
Statement to express the ideology of a rural code or a "country code"
as part of the philosophy of this Township.
b.
The Police Statement of Upper Freehold Township with respect to its
rural environment and country living is herein set forth:
1.
This document expresses the Philosophy of Upper Freehold Township
Residents. The residents of this Township have either been raised
here and chosen to stay or moved here because they enjoy the "rural
life." This community has shown a strong commitment to remaining rural
by: committing a portion of their tax dollars to Farmland Preservation,
foregoing services taken for granted in suburban and City areas, and
traveling the extra distance for the necessities.
2.
Many residents have moved to this area because the "rural atmosphere"
of their former hometown has been lost to development. Others may
be rural newcomers escaping the suburbs and cities. These residents
must remember not to expect perfectly paved roads, water and sewer
service, a local police department, municipal trash pickup, and other
"luxuries." Residents in a rural community will endure the slow-moving
farm machinery on the road, early morning tractor noise, and perhaps
unpleasant odors of natural fertilizers for the sake of maintaining
the country life.
3.
If you are considering this area as your home, please remember that
the snowplow may not come as often as you may feel necessary; the
supermarket will always be at least one-half hour ride away. The New
Jersey State Police have been providing use with excellent coverage
and all necessary special services and we hope to continue that relationship
as long as possible. As a member of this community you will have to
contract for trash removal with a private vendor and on two occasions
during the year you will be permitted to bring your larger, bulk waste
to the Municipal Garage during a Township Clean-up Week and Weekend.
In exchange for your participation in providing these services to
your family we will insure a tax rate without the high costs associated
with maintaining equipment and employing personnel to deliver these
services.
4.
You will sometimes have to pay a price to remain a rural community
residential development, and farmland-assessed properties do not provide
the rateables of commercial development. Farmland-assessed property
provides a community with open space; owners enjoy a reduced property
assessment, however, the entire municipality benefits from this acreage
that will have no impact on the local school district. Property owners
that sell development rights pursuant to the Farmland Preservation
Act insure that farming will continue in New Jersey. The residential
development must be controlled in consideration of the services it
demands. New homes, new roads, new or expanded schools and as we all
know, the present funding of education through property taxes is a
strain on the residents of New Jersey. The increased traffic through
Upper Freehold Township that has been a result of development in surrounding
communities has put pressure on local residents by compelling us to
improve these roads for the sake of the safety of all citizens.
5.
It is with this ideology that the Township Committee of Upper Freehold
Township does hereby adopt this Code as a notice to all present citizens
and future citizens of this community that Upper Freehold Township
Officials will continue the philosophy in their policy and procedure
to provide its constituents with a County Lifestyle.
c.
According to the Constitution of the State of New Jersey and applicable
law, the Township Committee as the Governing Body will carry out its
responsibilities. However, the Township Committee believes it is appropriate
to recognize the rural policies set forth above and will consider
same as well as applicable legal criteria in making decisions to expend
taxpayers' dollars when being asked to provide services to certain
persons and/or entities and when complaints of certain inconveniences
are being considered. Expenditures of public funds that may not produce
results that are cost-effective to Upper Freehold Township and its
rural life will always be thoroughly reviewed by the Township Committee
in its legislative and executive capacity.
d.
This section also specifically recognizes and reaffirms the Right to Farm under Chapter 23, Agricultural Preservation, of the Code of Upper Freehold Township as adopted by the Township Committee on October 1, 1981, as if more specifically set forth at length herein.
e.
The Township Clerk/Administrator is requested to establish procedures to provide a copy of this section as well as Section 23-1, Right to Farm to each and every citizen who registers to vote in Upper Freehold Township, each and every citizen who seeks a Building Permit and each and every citizen who pays taxes in Township Hall and/or seeks advice on the quality of life in Upper Freehold Township and/or seeks copies of our Land Use Ordinances. This ordinance, besides setting forth a policy or philosophy of Upper Freehold Township's residents, is intended to give notice to those who may wish to live in this community as to how the residents in this community have lived for the last two centuries while at the same time helping each other as neighbors and seeking to be responsible citizens.
