[HISTORY: Adopted by the Township Committee
of the Township of Blairstown 10-11-2000 by Ord. No. 2000-11. Amendments noted
where applicable.]
This chapter may be known and cited as the "Blairstown
Township 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 inappropriate municipal
regulations where best management practices are applied and are consistent
with relevant federal and state law and nonthreatening to the public
health and safety.
As used in this chapter, the following terms
shall have the meanings indicated.
Production for 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; livestock, including beef
cattle, sheep, swine, horses, ponies, mules or 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
(subject to the limitations under N.J.S.A. 54:4-23.3); or when devoted
to and meeting the requirements and qualifications for payment 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 Blairstown Township 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 Warren 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.
A.
The purchaser of any real estate in Blairstown Township
in any zoning district where agriculture is a permitted principal
use shall be notified of the importance of our farming community and
be provided with a copy of this chapter.
B.
The following language shall be included in the deed
of any newly subdivided lot in the Township, any part of which is
located in any zoning district where agriculture is a permitted principal
use:
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Grantee is hereby given notice that there is,
or may in the future be, farm use near the premises described in this
deed, from which may emanate noise, odors, dust and fumes associated
with agricultural practices permitted under the "Blairstown Township
Right-to-Farm Ordinance."
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C.
The Township will take reasonable steps to make it
possible for real estate salespersons to provide notification to prospective
purchasers of land in this Township, using language similar to the
deed notification described just above.
Nothing in this chapter, however, despite any other wording hereof, shall be construed to permit any use of land or structure in any manner contrary to Chapter 19, Land Development, of the Code of the Township of Blairstown, as amended, or any future zoning ordinance or regulation of this Township, or to permit any use of land or structure, or any activity or conduct, which is contrary to any other ordinance or regulation of the Township, including those of its Board of Health, or which is contrary to any other local, county, state or federal statute, law or regulation.
