[HISTORY: Adopted by the Township of Howell as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. O-81-42, as amended through Ord. No. O-99-14 (§ 31-3 of the 1974 Code)]
[Amended 3-4-2025 by Ord. No. 25-06]
A. 
The right to farm all land is hereby recognized to exist as a natural right and is also hereby ordained to exist as a permitted use everywhere in the Township of Howell, subject only to area and bulk requirements (as per the Schedule of Bulk, Dimensional, Height and Related Requirements for the Zones in Chapter 188, Land Use) and to ordinances of the Township, county and State dealing with health, sanitation and environmental protection. The right to farm as it is used in this article includes the use of irrigation pumps and equipment, aerial and ground seeding and spraying, tractors, farm laborers and the application of chemical fertilizers, insecticides and herbicides as well as other mechanized equipment and modern procedures, including composting and on-site disposal of organic waste; all for the purpose of producing from the land agricultural products, such as but not limited to vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs, flowers and seeds, as well as the propagation and maintenance of horses, cows and other grazing livestock, fowl production, the maintenance of swine (as per and in accordance with Board of Health regulations), and provide for the processing and packaging, wholesaling and retailing of such products as contribute to farm income, including the construction of buildings (farm stands and farm markets), fences and parking areas in conformance with Township codes. Livestock fencing shall conform to the use intended and shall not require permits and fees.
B. 
The foregoing uses and activities included in the right to farm, when reasonable and necessary for the particular agricultural/farming, livestock and/or fowl production, and when conducted in accordance with generally accepted agricultural/farming practices, can and may occur on holidays, Sundays, and weekdays, at night and in the day, and the usual noise, odors, dust and fumes that are caused by them are also specifically permitted as part of the exercise of this right.
C. 
It is expressly found that whatever inconvenience may be caused to others not of the farming community by such uses and activities so conducted is legal for the farmer, and is more than offset by the benefits from farming to the neighborhood, community and to society in general by the preservation of open space, the beauty of the countryside and clean air, and by the preservation and continuance of farming operations in Howell Township and in New Jersey as a source of agricultural products for this and future generations.
A. 
If a developer and/or landowner plans to build or sell an existing dwelling in an area within 1,500 feet in any direction of a property currently in active farm use, both the developer and/or landowner, through their agents, must inform prospective purchasers that they are next to an active farm, and therefore may be subjected to such usual noises, odors, dust and/or fumes that an active farm may have. Furthermore, they should be aware of this Right to Farm Ordinance which allows the farmer to pursue his endeavors without complaints and/or harassment. Any development that occurs in the area of an active farm use shall do so in a manner so as not to infringe on the rights of the farms. Particular attention must be paid to water problems in said areas, as well as environmental issues. A development, be it one house or many, cannot and will not cause flooding problems for the farmer or the neighborhood. Furthermore, if a development is erected next to an active farm use, the developer must erect and maintain a buffer zone of at least 50 feet on his property for protection from both the existing farm and the new development as per Chapter 188, Land Use, § 188-7C.[1]
[1]
Editor's Note: See now § 188-63, Buffers and screening.
B. 
For the purpose of giving due notice of nearby farming uses to proposed new residential areas adjacent to farmland, or unimproved land that is suitable for farming, the Planning Board shall require an applicant for an adjacent major or minor subdivision as a condition of approval of such application, to include a provision in each and every contract for and deed conveying all or any portion of the lands thereby subdivided, as well as on filed subdivision maps the following record notice to and waiver by grantees of such present or future proximate farming uses, which such provision shall be made to run with the land. Said language shall read as follows:
"The Grantee (purchaser of property) that is within 1,500 feet of the active farm use, acknowledges such notice that there are presently or may in the future be farm uses adjacent to or in close proximity of such purchase property, from which may emanate noise, odors, dust and fumes and by acceptance of this conveyance the Grantee does hereby waive any and all objections to such activities."
Additionally, the grantee and any prospective purchasers must be further advised that as per the Buffer Ordinance, there is to be no structure, activity, storage of materials, or parking of vehicles that shall be permitted in a buffer area pursuant to Chapter 188, Land Use, § 188-7A.[1]
[1]
Editor's Note: See now § 188-63, Buffers and screening.
In an effort to preserve and continue farming in the Township of Howell, residents involved in active farming and agricultural pursuits should and can be allowed to construct buildings on their land that are directly related to the farming pursuit, e.g. barns, storage buildings, equipment buildings, etc. Said buildings must be erected in accordance with Township Building Codes,[1] and shall follow the schedule as set by the Township.
[1]
Editor's Note: See Ch. 108, Construction Codes, Uniform.
These statements are of a general intent and meant to express a basic philosophy by which all other ordinances are to be considered and interpreted.
[Adopted 3-4-2025 by Ord. No. 25-06[1]]
[1]
Editor's Note: The preamble to this article provided the following:
"The activities set forth in §§ 244-1 through 244-5 formed the core principles of Right to Farm in the Township of Howell. The Township recognizes that times are changing and the needs of keeping farms profitable, viable, and operational requires branching out into activities not contemplated under §§ 244-1 through 244-5. Therefore, this article sets forth the criteria and means for on-farm direct marketing activities."
A. 
Eligibility and permitted activities.
(1) 
Eligibility: any designated QFarm, or any other parcel that has already been designated as a "commercial farm" (as defined in RTF law at N.J.S.A. 4:1C-3) by the State Agriculture Development Committee ("SADC") or the County Agricultural Development Board.
(2) 
Farm stands and farm markets fall under the Township right-to-farm language per Article I, § 244-1A, and do not need to be designated as a QFarm or "commercial farm."
(3) 
Except as set forth in Subsections B through E below, all on-farm direct marketing activities must be in compliance with all regulations of SADC Agricultural Management Practices ("AMP") for On-Farm Direct Marketing Facilities, Activities, and Events (N.J.A.C. 2:76-2A.13) ("On-Farm Direct Marketing AMP"), and any amendments thereto.
B. 
Local exceptions to on-farm direct marketing AMP. The following local exceptions must be complied with for all activities and events covered under on-farm direct marketing:
(1) 
Chapter 208, Noise, applies to all on-farm direct marketing activities.
(2) 
The timing for on-farm direct marketing activities shall be limited to operate between the hours of 6:00 a.m. to 10:00 p.m.
(3) 
Consistent with § 256-3M, a farm's primary on-site farm business sign shall have a maximum size of 32 square feet (meaning the physical size of the sign, not the combined square footage of both sides).
(4) 
Notwithstanding the language in N.J.A.C. 2:76-2A.13(I2(ii)), all setbacks for new or expanded permanent structures in which on-farm direct marketing activities are taking place must comply with the minimum principal structure setback requirements for the zone in which the property is located per Chapter 188. All applicable land use and Uniform Construction Code permits are required.
(5) 
All corn, sunflower, other crop mazes, and bonfires (N.J.A.C. 2:76-2A.13(m)3 and (m)6) must be approved by Howell Township Fire Bureau in accordance with applicable fire codes. Approval is also required for stand-alone and mobile fire pits.
C. 
Non-permitted activities.
(1) 
Notwithstanding any language in the on-farm direct marketing AMP (N.J.A.C. 2:76-2A.13) to the contrary, the following activities are not permitted as of right under this chapter, and any property owner seeking to engage in any of the below-listed activities as an on-farm direct marketing activity must either obtain approval from the Howell Township Zoning Board or County Agricultural Development Board:
(a) 
Haunted houses.
(b) 
Farm-related special events (small and large) as defined in Chapter 188.
(c) 
Any type of school or child-care facility, including but not limited to public, private, parochial, vocational, technical, or commercial schools (as defined in § 188-4), day-care facilities, after-school programs, home school cooperative programs, or private members association programs.
D. 
Complaint process. The on-farm direct marketing activity permitted under this article are not exempt from complaints regarding impacts of activity unless otherwise protected by law.
(1) 
Any complaints to the Township by a resident or interested party (other than the Township of Howell itself) about on-farm direct marketing activities will be forwarded to the Farmer's Advisory Committee (FAC) for non-binding mediation. The FAC shall hear the complaint within 30 days of it being referred to them. The FAC shall report their decisions to Township Council on a monthly basis. The results of the mediation shall be nonbinding upon either party and shall not abridge the right of either party to take legal action concerning the complaint. The rights of the Township to take action with regard to on-farm direct marketing activities shall not be subject to this subsection.
E. 
Permit requirement for event management plan for events under On-Farm Direct Marketing AMP (N.J.A.C. 2:76-2A.13(n)):
(1) 
Any event falling under N.J.A.C. 2:76-2A.13(n) must not only provide the event management plan described therein, but must also obtain a permit through Howell Township.
(2) 
Permit applications must be submitted to the Department of Community Development - Land Use for review. The Township, in its sole discretion, or upon recommendation by the FAC, may determine if an on-farm direct marketing activity/event rises to the level of needing an event management plan and associated permit.
(3) 
Permit fee shall be $50.
(4) 
The event management plan submission must address all issues in N.J.A.C. 2:76-2A.13(n).
(5) 
Any site operating under an existing Planning or Zoning Board approval or a site-specific AMP does not need an event management plan as long as the event is compliant with the Planning or Zoning Board's resolution of approval or the County Agricultural Development Board's site-specific AMP.
F. 
Unless otherwise specified in this chapter, site plan approval is not required for on-farm direct marketing so long as the operation is in compliance with this chapter (and N.J.A.C. 2:76-2A.13).