[HISTORY: Adopted by the Township Committee of the Township of Bethlehem:
Art. I, 7-18-1996 by Ord. No. 283-96;[1] Art. II, 5-15-1997 by Ord. No. 294-97.
Amendments noted where applicable.]
GENERAL REFERENCES
Fees — See Ch. 63.
Flood damage prevention — See Ch. 89.
Development fees — See Ch. 101.
Land use and development — See Ch. 102.
Taxation — See Ch. 139.
[1]
Editor's Note: The preamble to Ord. No. 283-96 stated the following:
WHEREAS, the Township Committee of the Township of Bethlehem, Hunterdon
county, State of New Jersey, recognizes the benefits to society in general,
the community and its neighborhoods, from commercial farming operations which,
by their nature, preserve open space and the aesthetics of the rural countryside
as well as supply present and future generations with the bounties resulting
from such activities; and,
WHEREAS, the Township Committee of the Township of Bethlehem has determined
that such commercial farming activities are necessary to humankind and that
the right to carry such pursuits should be protected for the benefit of the
residents of the Township of Bethlehem; and,
WHEREAS, the Township Committee of the Township of Bethlehem funds
and determines that commercial farmers must be secure in their ability to
earn a livelihood and encouraged to utilize agricultural methods, techniques
and practices recognized by the New Jersey Department of Agriculture and Rutgers
University Extension Service; and,
WHEREAS, the Township Committee of the Township of Bethlehem finds
and determines that the right to commercially farm land is deserving of recognition
and protection; and,
WHEREAS, it is the intent of this ordinance to define, protect, preserve
and encourage recognized commercial farming practices, and encourage a positive
agricultural climate.
NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township
of Bethlehem in Hunterdon County that:
[Adopted 7-18-1996 by Ord. No. 283-96]
In accordance with the purposes and preambles set forth herein, and
subject to any federal, state or county law or regulation, the following commercial
farming activities shall be deemed established as recognized and entitled
to encouragement and protection as the collective embodiment of the right-to-farm
and all commercial farmers, as long as these activities conform to acceptable
agricultural management practices and are not done so as to pose a direct
threat to public health or safety, have the right to:
A.
Produce agricultural and horticultural crops, trees and
forest products, livestock, poultry and other related commodities.
B.
Process and package the agricultural output of the farm.
C.
Provide for the wholesale and retail marketing, including
"U-Pick" and farmstand marketing and sales, of the agricultural output of
the farm, and related products that contribute to farm income, including the
construction of building and parking areas in conformance with applicable
municipal standards.
D.
Replenish soil nutrients, including but not limited to
the spreading of manure and applying federally approved chemical and organic
fertilizers.
E.
Use federally approved products in accordance with labeled
instructions as recommended by state, federal or county bodies, such as the
New Jersey Agricultural Experiment Station and the United States Environmental
Protection Agency, for the control of pests, predators, varmints, diseases
affecting plants and livestock and for the control of weed infestation.
F.
Clear woodlands using open burning and other accepted
techniques and install and maintain vegetative and terrain alterations and
other physical facilities for water and soil conservation and surface water
control in wetland areas.
G.
Use irrigation pumps and equipment, aerial and ground
seeding and spraying, tractors and other customary farm equipment.
H.
Hire and utilize necessary farm labor.
I.
Construct fences.
J.
Transport large slow-moving equipment over roads within
the township.
K.
Conduct farming activities on holidays and Sundays as
well as weekdays, in the evening and during the day, notwithstanding the production
thereby of normal but unavoidable noise, dust, odors and fumes caused by such
necessary activities in accordance with acceptable management.
L.
Conduct on-site disposal of organic agricultural wastes.
M.
Utilize the land for grazing of animals subject to the
restrictions for intensive fowl or livestock farms or such restrictions as
may be required by county, state and federal law.
No commercial farming activity or structure conforming to recognized
agricultural management practices and not posing a direct threat to public
health or safety shall be deemed to otherwise invade or interfere with the
use and enjoyment of any other land or property in the township to constitute
a public or private nuisance.
For the purpose of giving due notice of the within commercial farm rights
to new residents of the township, the Planning Board shall require an applicant
for every major subdivision or site plan review, as a condition of approval
of such application, to provide every purchaser with a copy of this article,
to provide a map for display at the sales office for the development, which
map shall show the location of every farm within 200 feet of the perimeter
of the development and shall be subject to the review and approval of the
Township Engineer, and to obtain at the closing of title for each unit of
the development a signed receipt from the purchaser that the purchaser has
received a copy of this article and has had an opportunity to examine the
map on display at the sales office.
A commercial farm shall be entitled to the protection provided by the
Bethlehem Township Right to Farm Ordinance under the following conditions:
C.
When the operation of the commercial farm conforms to
agricultural management practices recognized by the New Jersey Department
of Agriculture, the Rutgers University Extension Service, the New Jersey State
Agricultural Development Committee Soil Conservation Services and all relevant
federal or state statutes or rules and regulations and does not pose a direct
threat to public health and safety.
The definitions of agricultural use, horticultural use, commercial farm
or farming operation that earns $500 per annum income and such other definitions
as may be required for the interpretation of this article shall be the same
as those set forth in N.J.S.A. 4:1C-1 et seq., known as the "New Jersey Right
to Farm Act," and the Farmland Assessment Act of 1994, Chapter 48, Laws of
1964.[1]
[1]
Editor's Note: See N.J.S.A. 54:4-23.1 et seq.
[Adopted 5-15-1997 by Ord. No. 294-97]
The Bethlehem Township Tax Assessor shall conduct an on-site inspection
of each and every farm-assessed land and land for which farm assessment has
been applied within the Township of Bethlehem once every three years in accordance
with N.J.S.A. 54:4-23.13.
Each owner of farm-assessed land or land for which farm assessment has
been applied shall pay a fee to the Township of Bethlehem of $25 for each
parcel of said land, except that contiguous and noncontiguous parcels of land
owned by the same owner shall be subject to a single fee. Such fee shall be
paid by the owner of the land every three years at the time of filing of the
application for farm assessment and prior to the on-site inspection by the
Tax Assessor.
