[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.
Open Space, Recreation and Farmland Preservation Trust Fund — See Ch. 141, Art. II.
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:
A. 
When it is devoted to agricultural or horticultural use, as defined by 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.
B. 
When it meets the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1994, Chapter 48, Laws of 1964;[2] and
[2]
Editor's Note: See N.J.S.A. 54:4-23.1 et seq.
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.