Union Township City Zoning Code
§ 30-11.14
Protection of the Right to Farm.
[Ord. No. 87-2, § 1; Ord. No. 2000-2, § 3]
a.
Purpose. The purpose of this subsection in keeping with the policy of the New Jersey legislature as expressed in the Right to Farm Act, N.J.S.A. 4:1 C-1 et seq. is to conserve, protect and encourage with development and improvement of agricultural lands within the Township for the production of food and other agricultural products and the preservation of open space; to protect and encourage the viability of the agricultural industry by establishing a positive agricultural business climate in order to promote agricultural production to serve the interests of all citizens of Union Township. It is the purpose of this subsection to help reduce the loss of agricultural land in Union Township by protecting commercial farms operated in accordance with acceptable methods and techniques of agricultural production from nuisance actions, while at the same time acknowledging the need to provide a proper balance among the varied and sometimes conflicting interests of all lawful activities in the State of New Jersey.
b. ACCEPTABLE MANAGEMENT PRACTICES COMMERCIAL FARM NUISANCE
Definitions. As used in this subsection:
Shall mean agricultural management practices recommended or endorsed by the State Agricultural Development Committee and all relevant Federal or State statutes or rules and regulations adopted pursuant thereto.
Shall mean any operation producing with the exception of sale agricultural or horticultural products worth $2,500 or more annually and which meet the eligibility requirements for differential property taxation pursuant to the "Farmland Assessment Act of 1964", N.J.S.A. 54:4-23.1 et seq.
Shall mean any private action which unreasonably interferes with the comfortable enjoyment of another's property, which may be enjoined or abated, and for which the injured or affected property owner may recover damages.
c.
Protections.
1.
In all relevant actions filed subsequent to the adoption of this subsection, it shall be presumed that a commercial farm or agricultural use, structure or activity in connection therewith which is conducted or located within Union Township and which conforms to acceptable agricultural management practices and which does not pose a direct threat to public health and safety, shall not constitute a public or private nuisance, nor shall any such use, activity, or structure be deemed to otherwise invade or interfere with the use and enjoyment of any other land or property or pose an unusual or unreasonable threat to persons.
2.
Any agricultural use or common farmsite activity which conforms to acceptable agricultural management practices when reasonable and necessary for the operation of the commercial farm may occur on holidays, Sundays, and weekdays, at night and in the day, subject to the restrictions and regulations of the Township's zoning ordinance, State and Township Health and Sanitary Codes, and State and Federal environmental regulations.
3.
Agricultural uses and common farmsite activities specifically protected by this subsection include but are not limited to production, harvesting, storage, grading, packaging and processing of farm products, wholesale and retail marketing of crops, plants, animals, and other related commodities; the use and applications of techniques and methods of soil preparation and management; fertilization; weed, disease and post control; disposal of farm waste; irrigation, drainage, and water management; and grazing.
d.
Mediation.
1.
When the Township is in receipt of a complaint alleging that an agricultural use, structure or activity in connection with a commercial farm operation constitutes a nuisance or is not in conformance with acceptable management practices as defined herein, the Township Committee may refer the complaint to the duly appointed Agricultural Protection Committee for mediation.
2.
Upon referral of such a complaint by the Township Committee to the Agricultural Protection Committee, the Committee shall invite the affected parties to discuss the nature of the complaint, its reasonableness or unreasonableness in light of acceptable management practices, and any solution or remedy which will satisfy the aggrieved party without interfering with or discouraging the operation of the commercial farm against which the complaint was registered. Determination of whether the farm is following acceptable management practices shall be made by the State Agricultural Development Committee. The results of the meeting shall be nonbinding upon either party and shall not abridge the right of either party to take legal action concerning the complaint.
e.
Composition of the Agricultural Protection Committee.
1.
The Agricultural Protection Committee shall consist of five members.
2.
The members of the Agricultural Protection Committee shall serve for a term of two years. If a member dies or retires from the Committee before the term is up, the member who takes his or her place shall serve the unexpired term.
f.
Deed Notice. Whenever (1) a commercial farm, as that term is defined in Subsection b., is subdivided, or (2) a new major or minor subdivision abuts a commercial farm, or (3) a new major or minor subdivision contains space which were not owned by individual homeowners or a homeowner's association, and the space is at least five acres in size, or (4) the subdivision of any parcel within the Agricultural Development District as shown in the Union Township Comprehensive Master Plan and Background Analysis Report of 1984, as amended, then the following language shall be inserted in the deed of all lots:
Grantee is hereby noticed there is, or may in the future be, farm use near the described premises from which may emanate noise, odors, dust, lights, and fumes associated with agricultural practices permitted under the Right to Farm section of the Union Township Land Use Code.