[HISTORY: Adopted by the Borough Council
of the Borough of Hampton 9-10-2001 by Ord. No. 10-01. Amendments noted where
applicable.]
This chapter may be known and shall be cited
by the short title of "Borough of Hampton Right-To-Farm Ordinance."
The intent of this chapter is to recognize state
law regarding the right to farm, such as the Right-to-Farm Act (N.J.S.A.
4:1C-1 et seq.), and to assure the continuation and expansion of commercial
and home agricultural pursuits by encouraging a positive agricultural
business climate and protecting the farmer against appropriate municipal
regulations and private nuisance suits, where best management practices
are applied and are consistent with relevant federal and state law
and are nonthreatening to the public health and safety.
As used in this chapter, the following terms
shall have the meanings indicated:
Production for the sale of plants and animals useful to man,
including but not limited to forages and sod crops; grains and feed
crops; dairy animals and dairy products; poultry and poultry products;
livestock, including beef cattle, sheep, horses, ponies, mules and
goats, including the breeding, boarding, raising, rehabilitating,
training or grazing of any or all of such animals, except that livestock
shall not include dogs; bees and apiary products; fur animals, trees
and forest products; or when devoted to and meeting the requirements
and qualifications for payments and other compensation pursuant to
a soil conservation program under an agreement with an agency of the
federal government.
A farm management unit of no less than five acres producing
agricultural or horticultural products worth $2,500 or more annually
and satisfying the eligibility criteria for differential property
taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A.
54:4-23.1 et seq.; or a farm management unit less than five acres
producing agricultural or horticultural products worth $50,000 or
more annually and otherwise satisfying the eligibility criteria for
differential property taxation pursuant to the Farmland Assessment
Act of 1964.
A parcel or parcels of land, whether contiguous or noncontiguous,
together with agricultural or horticultural buildings, structures
and facilities, producing agricultural or horticultural products and
operated as a single enterprise.
A.
The right to engage in agriculture, as defined herein,
shall be permitted in the Borough of Hampton as permitted by zoning
and other land use regulations and as permitted by state law, and
it shall be presumed that such uses and activities, and structures
in connection therewith, shall not constitute a public or private
nuisance, provided that the operation conforms to agricultural management
practices recommended by the State Agricultural Development Committee
and adopted to the provisions of the Administrative Procedure Act
N.J.S.A. 52:14B-1 et seq. or whose specific operation or practice
has been determined by the Hunterdon County Agricultural Development
Board to constitute a generally accepted agricultural operation or
practice.
B.
The owner and operator of a commercial farm, qualifying
under N.J.S.A. 4:1C-9 (of the State Right-to-Farm Act) may engage
in all agricultural activities permitted by N.J.S.A. 4:1C-9.
Nothing in this chapter, however (despite any
other wording in this chapter), shall be construed to permit any use
of land or structure in any manner contrary to the Borough of Hampton
Development Regulations Ordinance[1] or any future zoning ordinance or regulation of the Borough.
A.
The purchaser of any real estate in the Borough of
Hampton in any zoning district where agriculture is a permitted principal
use should be notified of the improvement of our farming community
and be provided with a copy of this chapter.
B.
The municipal Planning Board shall require any applicant
for a major or minor subdivision of land in any zoning district where
agriculture is a permitted principal use, or any land adjacent to
a zoning district where agriculture is a permitted principal use,
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 subdivided,
as well as on filed final subdivision maps, the following record notice
to grantees of such present or future proximate farming uses, which
provision shall be made to run with the land:[1]
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Grantee is hereby given notice that there is, or may in the future be, farm uses adjacent or in close proximity to the within-described premises from which may emanate noise, odors, dust and fumes associated with agricultural practices permitted under the Right-to-Farm Ordinance, Chapter 129 of the Code of the Borough of Hampton.
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C.
The Borough will take reasonable steps to make it
possible for real estate salespersons to provide notification to prospective
purchasers of land in this Borough, using language similar to the
deed notification described in this section.
