Township of Kingwood, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Kingwood 9-21-1989 by Ord. No. 6-15-1989. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 57.
Farmland preservation — See Ch. 75.
Zoning — See Ch. 132.
Swine — See Ch. 157.
The right to farm land is hereby recognized to exist in this Township and is hereby declared a permitted use in all zones of this Township, notwithstanding specified and prohibited uses set forth elsewhere in this chapter.
A. 
In accordance with the purposes and preambles set forth herein, the following farming activities shall be deemed established as acceptable, recognized and entitled to encouragement and protection as the collective embodiment of the right to farm, subject in all cases, however, to any supervening applicable federal, state, county or municipal laws or regulations respecting the public health, safety or otherwise:
(1) 
Producing agricultural and horticultural crops, trees and forest products, livestock, poultry and other related commodities.
(2) 
Providing for the wholesale and retail marketing, including U-pick marketing, and sales of the agricultural output of the farm and related products that contribute to farm income, including the sale at the owner's farm stand of agricultural products so long as at least 75% of the products being sold at the farm stand by the owner of the farm have been grown on said farm where the stand is located.
(3) 
Replenishing soil nutrients, including but not limited to the spreading of manure and applying environmentally approved chemical and organic fertilizers.
(4) 
Using federally approved products, in accordance with labeled instructions, as recommended by the New Jersey Agricultural Experiment Station and the United States and New Jersey Environmental Protection Agencies for the control of pests, predators, varmints, diseases affecting plants and livestock and for the control of weed infestation.
(5) 
Clearing of woodlands using accepted techniques and installing and maintaining vegetative and terrain alterations and other physical facilities for water and soil conservation and surface water control in wetland areas.
(6) 
Using irrigation pumps and equipment and undertaking aerial and ground seeding and spraying, consistent with state guidelines, using tractors and other necessary equipment.
(7) 
Hiring and utilizing necessary farm labor.
(8) 
Constructing and maintaining fences for the orderly control of livestock.
(9) 
Transporting large, slow-moving equipment over roads within the Township.
(10) 
The use of farmland for a limited recreational use (noncommercial and nonincome producing), e.g., snowmobiling, shall be done only with the permission of the farm owner. Any expanded recreational use of the farmland which changes the underlying agricultural nature of the use shall be subject to the usual prior site plan review, variance application and all permits where otherwise required.
B. 
The foregoing uses, activities and rights when reasonable and necessary for farming, livestock or fowl production and when conducted in accordance with generally accepted agricultural practices may occur on holidays, Sundays and weekends by day or night and shall include the attendant or incidental noise, odors, dust and fumes associated with these practices.
C. 
It is hereby determined that whatever nuisance that may be caused to others by these uses and activities is more than offset by the benefits from farming to the neighborhood community and society in general by preservation of open space, the beauty of the countryside and clean air. The preservation and continuance of farming operations in Kingwood Township and New Jersey is a source of agricultural products for this and future generations and saves a nonreplenishable resource, i.e., the land.
For the purpose of giving due notice of nearby farming uses to proposed new residential areas adjacent to unimproved land then being farmed or suitable therefor, the Planning Board shall require any applicant for an adjacent major or minor subdivision, as a condition of approval of such application, to include a provision in each and every deed conveying all or any portion of the lands thereby subdivided, as well as on filed final subdivision maps, the following record notice to and waiver by grantees of such present or future proximate farming uses, which provision shall be made to run with the land. The grantee hereby acknowledges notice that there are presently or may in the future be farm uses adjacent or in close proximity to the within described premises from which farm use may emanate noise, odors, dust and fumes associated with agricultural practices permitted under the Kingwood Township Right to Farm Ordinance, and, by acceptance of this conveyance, the grantee does hereby wave objection to such activities.
For purposes of interpretation of this chapter, the following definitions shall apply:
COMMERCIAL AGRICULTURE
The production, principally for sale to others, of plants and animals or their products, including but not limited to forage and sod crops; grain and feed crops; dairy animals and dairy products; livestock, including beef cattle, poultry, sheep, horses, ponies, mules and goats; the breeding and grazing of such animals; bees and apiary products; fruits of all kinds, including grapes, nuts and berries; vegetables; and nursery, floral, ornamental and greenhouse products.
FARM
An area of land of single or multiple contiguous or noncontiguous parcels which is actively devoted to agricultural or horticultural use, including but not limited to cropland, pasture, idle or fallow land, woodland, wetlands, farm ponds, farm roads and certain farm buildings and other enclosures related to agricultural pursuits.
HOME AGRICULTURE
The production principally for home use or consumption of plants, animals or their products or bees or their products and for sale to others where such sales are incidental, including but not limited to gardening, fruit production and poultry and livestock products for household use only.
[Added 7-5-2005 by Ord. No. 13-6-2005]
A. 
Establishment. There is hereby established an Agricultural Advisory Committee to identify, review and recommend agricultural properties for preservation as farm properties, and to review and recommend changes to the Kingwood Township ordinances for purposes of facilitating and enhancing the viability of agricultural activities, all within the Township of Kingwood.
B. 
Membership.
[Amended 2-4--2008 by Ord. No. 15-3-2008]
(1) 
The Agricultural Advisory Committee shall consist of five members to be appointed by the Township Committee. The members of the Agricultural Advisory Committee shall consist of:
(a) 
The member of the Township Committee that is not appointed as a member of the Open Space Advisory Committee; and
(b) 
Four members of the general citizenry of the Township with a requirement that a minimum of three members of the general citizenry be actively engaged in agricultural activities.
(2) 
The Township Committee member shall be appointed annually. The members who are appointed from the general citizenry shall have terms of three years, however, the initial public members appointed shall have the following terms as designated by the Township Committee:
(a) 
Two members: two years.
(b) 
Two members: three years.
C. 
Duties and functions.
(1) 
The Agricultural Advisory Committee shall annually review, update and submit to the Township Committee the Farmland Preservation Element for the Township of Kingwood. It shall review and update the inventory of agricultural properties within the Township and reevaluate and prioritize such agricultural properties for preservation through the criteria established by the Agricultural Advisory Committee. It shall review, update and recommend to the Township Committee the parcel ranking as well as make recommendations concerting the nature of the interests in such real estate to be acquired and the purposes for which such land should be utilized.
(2) 
The Agricultural Advisory Committee shall provide guidance and support to the Township Committee and Planning Board an issues and matters of agriculture and farmland.
(3) 
The Agricultural Advisory Committee shall periodically review its functions and submit recommendations to the Township Committee as to whether additional duties should be assigned or delegated to the Advisory Committee.
(4) 
The Agricultural Advisory Committee shall select from among its members a Chairperson and a Vice Chairperson to serve as the presiding officer in the absence of the Chairperson. The Committee shall also select a Secretary whose function shall be to maintain minutes of the Committee's meetings and records of the proceedings of the Committee.