[Amended 6-10-2015 by Ord. No. 2015-07]
For the purpose of this chapter, the Township
is hereby divided into eight zone districts known as:
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A
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Agricultural District
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R-1
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Single-Family Residence District
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R-2
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Single-Family Residence District
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R-3
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Multifamily Residence District
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B-1
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Business District
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B-2
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Commercial District
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PO
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Professional Office District
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I
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Industrial District
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I/PO
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Industrial and Professional Office District
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AH-1
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Affordable Housing District 1
[Added 6-23-2021 by Ord. No. 2021-07; 6-23-2021 by Ord. No. 2021-09] |
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AH-2
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Affordable Housing District 2
[Added 6-23-2021 by Ord. No. 2021-07; 6-23-2021 by Ord. No. 2021-10] |
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AH-3
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Affordable Housing District 3
[Added 6-23-2021 by Ord. No. 2021-07] |
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AH-4
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Affordable Housing District 4
[Added 6-23-2021 by Ord. No. 2021-07] |
The Zoning Map dated February 1, 1979, and adopted January 30, 1979, previously revised to August 28, 2002, and now revised to May 2005, as it may be amended from time to time, delineating the above zone districts, accompanies this chapter and is hereby declared to be part hereof. The map has been and is now filed in the office of the Township Clerk. The map is hereby adopted and the provisions of the map shall be controlling in all matters relating to, or affected by, the Municipal land Use Law, N.J.S.A. 40:55D-1 et seq., except as amended by § 363-4B below.
A.
Interpretation. Where a district boundary line does
not coincide with a lot line or the center line of a street as it
existed on February 1, 1979, the district boundary shall be deemed
to be that distance back from the nearest parallel street right-of-way
line or property line as indicated by the dimensions set forth on
the Zoning Map.
B.
Division of a lot in single ownership. Where a zoning
district boundary line divides a lot other than by following a stream
or street, any use permitted in either district may be extended not
more than 20 feet into the adjacent district. A use permitted in the
zoning district so extended shall thereafter be a permitted use in
the extended area. A zoning district line, however, shall be altered
only once by utilizing the provisions of this subsection, after which
the lot use shall be governed by the regulations of the zoning district
in which it is located after the zoning district boundary line adjustment.
C.
Division of a lot by a municipal boundary. Where a
lot in single ownership is crossed by a municipal boundary line and
the development of such lot is to be entirely or partly within Mansfield
Township and the lot has frontage on a portion of a street which lies
within Mansfield Township, then the entire area of the lot in single
ownership shall be utilized when required to meet the minimum lot
area or dimensional requirements of this chapter. Where a lot in single
ownership is crossed by a municipal boundary line and the development
of the lot is to be entirely or partly within an adjoining municipality
and the lot does not front on a portion of a street which lies within
Mansfield Township, then the lot area and dimensional requirements
of this chapter shall not apply so long as those of the adjoining
municipality are enforced.
The control and regulations of the nature and
extent of uses of structures as herein provided shall apply equally
to the nature and extent of the uses of land.
[Added 6-14-2000 by Ord. No. 2000-08]
A.
The Township of Mansfield recognizes the benefits
to society, the community, and its neighborhoods, from horticulture,
commercial and home agriculture, and animal husbandry, known hereafter
as "farming," in its preservation of open space and aesthetics of
the rural countryside and the supplying of present and future generations
with the bounties resulting from such activities. In doing so, the
Township of Mansfield has determined that such farming activities
and uses are necessary to humankind, and that the right to carry on
such pursuits should be protected for the benefit of all the residents
of the Township of Mansfield.
B.
The Township of Mansfield determines that the "right
to farm" a lot of at least five acres, excluding the dwelling unit,
is a natural right, and is hereby ordained to exist as a permitted
use everywhere in the Township of Mansfield, regardless of zoning
designations and regardless of whether specified as permitted uses
therein.
C.
The Township of Mansfield hereby adopts by reference
all of the provisions of the New Jersey Right to Farm Act, N.J.S.A.
4:1C-1 et seq.
D.
Notwithstanding the provisions of any other municipal
ordinance, resolution, or regulation to the contrary, the owner or
operator of a commercial farm which is in operation conforming to
agricultural management practices recommended by the State Agriculture
Development Committee, or whose specific operation or practice has
been determined by the Warren County Agriculture Development Board
to constitute a generally accepted agricultural operation or practice,
and all relevant federal or state statutes or rules and regulations
adopted pursuant thereto, and which does not pose a direct threat
to public health and safety, may:
(1)
Produce agricultural and horticultural crops, trees
and forest products, livestock, and poultry and other commodities
as described in the Standard Industrial Classification for agriculture,
forestry, fishing and trapping;
(2)
Process and package the agricultural output of the
commercial farm;
(3)
Provide for the operation of a farm market, including
the construction of building and parking areas in conformance with
municipal standards;
(4)
Replenish soil nutrients and improve soil tilth;
(5)
Control pests, predators and diseases of plants and
animals;
(6)
Clear woodlands using open burning and other techniques,
install and maintain vegetative and terrain alterations and other
physical facilities for water and soil conservation and surface water
control in wetland areas;
(7)
Conduct on-site disposal of organic agricultural wastes;
(8)
Conduct agriculture-related educational and farm-based
recreational activities, provided that the activities are related
to marketing the agricultural or horticultural output of the farm;
(9)
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.
E.
In all relevant actions filed regarding any activity
authorized herein, there shall exist an irrebuttable presumption that
no commercial agricultural operation, activity or structure which
conforms to agricultural management practices recommended by the State
Agriculture Development Committee or the Warren County Agriculture
Development Committee whose specific operation or practice has been
determined to constitute a generally accepted agricultural operation
or practice, and all relevant federal or state statutes or rules and
regulations adopted pursuant thereto and which does not pose a direct
threat to public health and safety, shall constitute a public or private
nuisance, nor shall any such operation, activity or interfere with
the use or structure be deemed to otherwise invade or and enjoyment
of any other land or property.
F.
All agricultural operations set forth in Subsection D are hereby declared exempt from enforcement of all municipal ordinances and regulations which inhibit efficient crop production, including but not limited to ordinances and regulations imposing time limits on operations, dust limits and odor restrictions, except those ordinances and regulations which are strictly necessary for the maintenance of public health, as determined by the Mansfield Township Board of Health.
G.
Filing of complaint; process.
(1)
Any person aggrieved by the operation of a commercial
farm shall file a complaint with the Warren County Agriculture Development
Board prior to filing an action in court of competent jurisdiction.
(2)
In the event the dispute concerns activities that
are addressed by an agricultural management practice recommended by
the State Agriculture Development Committee, the county board shall
hold a public hearing and issue findings and recommendations within
60 days of the receipt of the complaint.
(3)
In the event the State Agriculture Development Committee
has not recommended an agricultural management practice concerning
activities addressed by a complaint, the county board shall forward
the complaint to the State Committee for a determination of whether
the disputed agricultural operation constitutes a generally accepted
agricultural operation or practice. Upon receipt of the complaint,
the State Committee shall hold a public hearing and issue its decision,
in writing, to the county board. The county board shall hold a public
hearing and issue its findings and recommendations within 60 days
of the receipt of the State Committee's decision.
(4)
Any person aggrieved by the decision of the county
board shall appeal the decision to the State Agriculture Development
Committee within 10 days. The State Committee shall schedule a hearing
and make a determination within 90 days of receipt of the petition
for review.
(5)
The decision of the State Agriculture Development
Committee shall be binding, subject to the right of appeal to the
Appellate Division of the Superior Court. Any decision of the Warren
County Agriculture Development Board that is not appealed shall be
binding.
