[Adopted 4-5-2023 by Ord. No. 14-2023]
A.
The governing body of the Township of Pemberton located in the County
of Burlington, State of New Jersey finds that the needs and concerns
of farmland owners and operators within the community are important
and must be understood by Township officials and residents. In order
to protect and maintain the beneficial character of agriculture to
Pemberton Township, farmland preservation plans must be complemented
by establishing, protecting and maintaining within the jurisdiction
of Pemberton Township, Burlington County and the State of New Jersey
a positive business climate for agriculture. The interest of farmers
in making reasonable economic use of their farms, preserved or not,
must be taken into consideration when Pemberton Township considers
new or revised plans, polices and ordinances.
B.
The specific purposes and intent of establishing an Agricultural
Advisory Committee in Pemberton Township are to:
(1)
Represent the needs and concerns of farmland owners and operators
within the community and facilitate communication and understanding
among Township officials, residents and the agricultural community;
(2)
Assist Township officials in efforts to plan for the continuation
of agriculture and prevent the loss of agricultural resources;
(3)
Review the impact of existing and proposed plans, policies and ordinances
on the agricultural community and recommend changes as needed; and
(4)
Partially meet eligibility requirements for Planning Incentive Grants
administered by the State Agriculture Development Committee pursuant
to N.J.A.C. 2:76-17 and - 17A.
(5)
Ensure that previous and on-going public investment in the preservation
of agricultural land by the residents of Pemberton Township, Burlington
County and the State of New Jersey is reinforced by policies at all
levels of government to allow for a viable agriculture industry into
the future.
(6)
Ensure that the municipal Right to Farm ordinance is consistent with
the State Model Right to Farm Ordinance and that other municipal ordinances
and development regulations reinforce that farmers operating under
generally accepted agricultural practices are not a nuisance to the
community.
The municipality of Pemberton Township is empowered to establish
Agricultural Advisory Committees under N.J.S.A. 4:1C-43.1b.(2).
As used in this article, the following terms shall have the
meanings indicated:
Areas identified by a County Agricultural Development Board
pursuant to N.J.S.A. 4:1C-11 et seq. and certified by the State Agriculture
Development Committee where agriculture is the preferred land use.
AD As encompass productive agricultural land in zones that permit
agriculture; are reasonably free of conflicting suburban and conflicting
commercial development; comprise not more than 90% of the county's
agricultural land base; and include other characteristics deemed important
by the County Agriculture Development Board.
A public body established by a county governing body pursuant
to N.J.S.A. 4:1C-14 to help implement the state's Agriculture
Retention and Development Act and Right to Farm Act. A CADB must be
composed of seven voting members who are residents of the county.
A majority of the voting members must be actively engaged in agriculture.
A public body within, but independent from, the New Jersey
Department of Agriculture established pursuant to N.J.S.A. 4:1C-4.
The SADC administers the state's farmland preservation programs
including grants to counties, municipalities and nonprofit organizations
to fund the purchase of development easements on farmland; directly
purchasing farms and development easements from landowners; and providing
matching grants to implement soil and water conservation projects.
There is hereby established within The Township of Pemberton
an Agricultural Advisory Committee (AAC). The AAC shall serve as an
ad hoc advisory committee to the Planning Board.
A.
The AAC shall be composed of at least three, but not more than five,
residents of the Township of Pemberton. A majority of the members
must be actively engaged in farming and own at least a portion of
the land they farm. The farmer-members shall, to the extent possible,
represent the different scales and types of operations and different
land tenure arrangements within Pemberton Township. Members shall
be appointed by the Mayor with the consent of the Township Council.
Each member shall serve a term of three years. Members shall select
a Chairperson, who shall serve as liaison between the AAC and the
Planning Board, the Burlington County CADB and/or the SADC (if applicable).
The AAC shall designate a secretary to keep notes of its meeting,
which shall be submitted to the Planning Board, Township Council,
CADB, and if applicable, the SADC within 30 days. The Chairperson,
or his/her appointed designee, shall serve as the spokesperson for
the Committee to the Township Council, Planning Board, CADB and if
applicable, the SADC.
B.
A member of the AAC or a member of his or her immediate family is
prohibited from selling or applying to sell a development easement
on his or her property or from selling or applying to sell his or
her property in fee simple title pursuant to the Agriculture Retention
and Development Act, N.J.S.A. 4:1C-11 et seq. and the Garden State
Preservation Trust Act, N.J.S.A. 13:8C-1 et seq. "Members of the immediate
family" means a member's spouse, child, parent, or sibling residing
in the same household.
The AAC shall meet at least three times a year. In addition,
the AAC shall meet with the Planning Board at least once a year to
report on its activities and discussions and to make recommendations.
A.
Duties shall include:
(1)
Alerting local officials to issues in the farming community that
should be considered when using municipal regulatory and land use
authority.
(2)
Reviewing existing and proposed ordinances for impacts or potential
impacts upon the farming community, including all ordinances affecting
land use in Agricultural Development Areas. This may include recommending
growth management strategies such as transfer of development rights
that have the potential to protect agricultural land while maintaining
landowners' equity.
(3)
Advising the Planning Board in the development of a farmland preservation
plan element pursuant to N.J.S.A. 40:55D-28b. (13) and N.J.A.C. 2:76-17.6(a)
and 17A.3(a)3.
(4)
Advising the Planning Board and the governing body in adjustments
and amendments to the farmland preservation master plan element and
the list of farms to be included in the county or state easement and
fee simple acquisition programs.
(5)
Advising the Planning Board in developing and considering amendments
developed through master plan reexaminations and any other changes
that would have an affect on the viability of farms within an ADA.
B.
Duties may also include, but are not limited to:
(1)
Reviewing and promoting economic development strategies being developed
by the CADB and/or the NJ Department of Agriculture, including but
not limited to marketing and promotion of locally grown and raised
farm products and agricultural tourism opportunities.
(2)
Encouraging the development of local outlets for agricultural products,
including but not limited to community producer-driven farmers'
markets, farm stands, community supported agriculture (CSA), local
schools and government facilities, and local restaurants.
(3)
Supporting adoption of model agricultural viability ordinances developed
by the CADB and/or the NJ Department of Agriculture.
(4)
Encouraging the development of private agricultural infrastructure
including but not limited to value-added processing facilities, input
and equipment outlets, equipment repair shops, and large animal veterinary
practices.
(5)
Attending monthly CADB and SADC meetings and reporting back to the
AAC on county and statewide policy issues.
(6)
Assisting local officials, residents, and farmers and the CADB and
SADC, in preventing and resolving Right to Farm and other agricultural
disputes by facilitating outreach efforts with nonfarm residents and
proving input during conflict resolution hearing and agricultural
mediation sessions.
Upon adoption, this article will be incorporated into and become
part of the code of the Township of Pemberton Township.
This article shall take effect after final adoption and publication
according to the laws of the State of New Jersey.
