Township of Long Hill, NJ
Morris County
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Table of Contents
Table of Contents
[Ord. No. 7-96 § 1]
Subject to any Federal, State or County law, ordinance or regulation, the following commercial farming activities shall be recognized, and entitled to encouragement and protection as the collective embodiment of the "Right to Farm" and all commercial farmers, as long as these activities conform to acceptable agricultural management practices and are not done so as to pose a direct threat to public health or safety, shall have the right to:
a. 
Produce agricultural and horticultural crops, trees and forest products, livestock, poultry and other related commodities;
b. 
Process and package the agricultural output of the farm;
c. 
Provide for the wholesale and retail marketing, including "U-Pick" and farm stand marketing and sales, of the agricultural output of the farm, and related products that contribute to farm income, including the construction of building and parking areas in conformance with applicable municipal standards;
d. 
Replenish soil nutrients, including but not limited to, the spreading of manure and applying federally approved chemicals and organic fertilizers;
e. 
Use federally approved products in accordance with labeled instructions as recommended by State, Federal or County bodies such as the New Jersey Agricultural Experiment Station and the U.S. Environmental Protection Agency for the control of pests, predators, varmints, diseases affecting plants and livestock, and for the control of weed infestation;
f. 
Clear woodlands using open burning and other accepted techniques and install and maintain vegetative and terrain alterations and other physical facilities for water and soil conservation and surface water control in wetland areas;
g. 
Use irrigation pumps and equipment, seeding and spraying, tractors and other customary farm equipment;
h. 
Hire and utilize necessary farm labor;
i. 
Construct fences;
j. 
Transport large slow-moving equipment over roads within the Township;
k. 
Conduct farming activities on holidays and Sundays as well as weekdays, in the evening and during the day, notwithstanding the production thereby of normal but unavoidable noise, dust, odors and fumes caused by such necessary activities in accordance with acceptable management;
l. 
Conduct on-site disposal of organic agricultural wastes.
[Ord. No. 7-96 § 1]
No commercial farming activity or structure conforming to recognized agricultural management practices and not posing a direct threat to public health or safety shall be deemed to otherwise invade or interfere with the use and enjoyment of any other land or property in the Township to constitute a public or private nuisance.
[Ord. No. 7-96 § 1]
For the purpose of giving due notice of the within commercial farm rights to new residents of the Township, the Planning Board shall require an applicant for every major subdivision or site plan review, as a condition of approval of such application, to provide every purchaser with a copy of this ordinance, to provide a map for display at the sales office for the development, which map shall show the location of every farm within 200 feet of the perimeter of the development and shall be subject to the review and approval of the Township Engineer and to obtain at the closing of title for each unit of the development, a signed receipt from the purchaser that the purchaser has received a copy of the ordinance and has had an opportunity to examine the map on display at the sales office.
[Ord. No. 7-96 § 1]
A commercial farm shall be entitled to the protection provided by the Long Hill Township Right to Farm Ordinance under the following conditions:
a. 
When it is devoted to agricultural or horticultural use, as defined by the Farmland Assessment of 1964, N.J.S.A. 54:4-23.1, et seq.; and
b. 
When it meets 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.; and,
c. 
When the operation of the commercial farm conforms to agricultural management practices recognized by the New Jersey Department of Agriculture, the Rutgers University Extension Service, the New Jersey State Agricultural Development Committee and all relevant Federal or State statutes or rules and regulations and which does not pose a direct threat to public health and safety.
[Ord. No. 7-96 § 1]
The definitions of agricultural use, horticultural use, commercial farm and such other definitions as may be required for the interpretation of this ordinance shall be the same as those set forth in the New Jersey Right to Farm Act, N.J.S.A. 4:1C-1, et seq., and the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1, et seq.