Rockaway Township City Zoning Code
§ 54-31.4
Right to farm.
[Ord. No. 07-19 § 1]
A.
In accordance with the Right to Farm Act, N.J.S.A. 4:1C-1 et seq., the right to farm is hereby recognized to exist on commercial farms in this Township. Nothing contained within this section shall be construed to affect the Farmland Assessment Act or the obligation of a farmer to obtain Township of Rockaway approvals, permits and certificates in connection with all agricultural uses, soil disturbance and construction. The right to farm includes, but not by way of limitation:
(1)
All permitted activities and accessory activities for farm and commercial farm uses;
(2)
Control of pests, including but not limited to insects and weeds, predators and diseases of plants and animals;
(3)
Conduction of agriculture-related educational and farm-based recreational activities provided that the activities are related to marketing the agricultural or horticultural output of the commercial farm and permission of the farm owner and lessee is obtained;
(4)
On-site disposal of organic agricultural wastes;
(5)
Installation of wells, ponds and other water resources for agricultural purposes such as irrigation, sanitation and marketing preparation, subject to review and approval by the Township Board of Health.
B.
Commercial farm operators may engage in any other agricultural activity as determined by the State Agriculture Development Committee and adopted by rule or regulation pursuant to the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. Commercial farm operators must adhere to acceptable agricultural management practices that have been:
(1)
Promulgated as rules by the State Agriculture Development Committee;
(2)
Recommended as site-specific agricultural management practices by the Morris County Agriculture Development Board ("MCADB");
(3)
Approved by the local soil conservation district in the form of a farm conservation plan that is prepared in conformance with the United States Department of Agriculture, Natural Resources Conservation Service Field Office Technical Guide, as amended and supplemented; or
(4)
Recommended by the New Jersey Agricultural Experiment Station at Rutgers University.
C.
The foregoing agricultural activities must be in conformance with applicable Federal, State and local law.
D.
In accordance with the Right to Farm Act, N.J.S.A. 4:1C-1, it is hereby determined that whatever nuisance may be caused to others by these foregoing uses and activities is more than offset by the benefits of farming to the neighborhood community and society in general. Where the right to engage in agricultural activities, as defined herein, is a permitted use in a zone, it shall be presumed that such uses, activities and structures in connection therewith shall not constitute a public or private nuisance, provided that such agricultural uses are conducted in conformance with the acceptable agricultural management practices as defined herein.
E.
Any person aggrieved by the operation of a commercial farm shall file a complaint with the MCADB prior to filing an action in court.