[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:
A
Agricultural District
R-1
Single-Family Residence District
R-2
Single-Family Residence District
R-3
Multifamily Residence District
B-1
Business District
B-2
Commercial District
PO
Professional Office District
I
Industrial District
I/PO
Industrial and Professional Office District
AH-1
Affordable Housing District 1
[Added 6-23-2021 by Ord. No. 2021-07; 6-23-2021 by Ord. No. 2021-09]
AH-2
Affordable Housing District 2
[Added 6-23-2021 by Ord. No. 2021-07; 6-23-2021 by Ord. No. 2021-10]
AH-3
Affordable Housing District 3
[Added 6-23-2021 by Ord. No. 2021-07]
AH-4
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.